首页    期刊浏览 2025年07月05日 星期六
登录注册

文章基本信息

  • 标题:Application of General Principles in Private Law in the Nordic Countries
  • 本地全文:下载
  • 作者:Kåre Lilleholt
  • 期刊名称:Juridica International
  • 印刷版ISSN:1406-1082
  • 电子版ISSN:1406-5495
  • 出版年度:2013
  • 卷号:XX
  • 页码:12-19
  • 出版社:University of Tartu
  • 摘要:General principles, for instance the principle of good faith and fair dealing, reputedly play a prominent role in the law of the Nordic countries. Further, the application of rules is said to be rather pragmatic in Nordic law. As a result, the dominant approach in contract law is to search for a reasonable outcome in the interpretation and performance of contracts. This picture of the role of general principles and of pragmatism in contract law corresponds fairly well to the self-image frequently found in Nordic legal doctrine and in governmental documents. My aim here is to show that such a reputation may be undeserved, for better or for worse. In my opinion, the margin for applying general principles to soften the results of literal interpretation and strict performance of contracts is less wide in practice than legal doctrine often suggests
国家哲学社会科学文献中心版权所有