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Kontraheringsplikt inom förmögenhetsrätten – Avtalsfrihetens gränser

Wall, Camilla (2006)
Department of Business Law
Abstract
Swedish contract law is based on the main principle of freedom of contract, which means that a contract is built on a voluntary agreement of both parties. There are exceptions from the principle of freedom of contract. In some instances a party is obliged to contract (kontraheringsplikt), which also is the subject for this paper. Kontraheringsplikt can be described as an obligation for one of the parts in a relation to come to an agreement under normal circumstances with everyone who ask for it. The cases of kontraheringsplikt are rather different. The purpose of this paper is to give a general summary of different cases of kontraheringsplikt. The report is not meant to be exhaustive but to investsigate and describe some usual cases... (More)
Swedish contract law is based on the main principle of freedom of contract, which means that a contract is built on a voluntary agreement of both parties. There are exceptions from the principle of freedom of contract. In some instances a party is obliged to contract (kontraheringsplikt), which also is the subject for this paper. Kontraheringsplikt can be described as an obligation for one of the parts in a relation to come to an agreement under normal circumstances with everyone who ask for it. The cases of kontraheringsplikt are rather different. The purpose of this paper is to give a general summary of different cases of kontraheringsplikt. The report is not meant to be exhaustive but to investsigate and describe some usual cases closer. In the paper both regulated and non regulated kontraheringsplikt are considered. The report concerning the regulated kontraheringsplikt is focused on bank and insurance industry. A bank can not deny the public a deposit on a bank account without objective grounds. In the same way can not neither an insurance company refuse a consumer to take on a traffic insurance, which they normally offer to customers being part of their activity. The non regulated kontraheringsplikt, with same general principles as the regulated, is described as a consequence of the Competition Act. Another aspect of the non regulated kontraheringsplikt is described out of the regulation containing the discrimination ban in the Penal Code. In the conclusion of the paper my purpose is to answer the questions at issue, why a comparsion of regulated and non regulated kontraheringsplikt and an analyse of the effects because of kontraheringsplikt at the Swedish market is neccesary. (Less)
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author
Wall, Camilla
supervisor
organization
year
type
M2 - Bachelor Degree
subject
keywords
Avtalsfrihet, reglerad kontraheringsplikt, oreglerad kontraheringsplikt, effektiv konkurrens, diskrimineringsförbud, Juridical science, Rättsvetenskap, juridik
language
Swedish
id
1335304
date added to LUP
2006-06-13
date last changed
2010-08-03 10:49:18
@misc{1335304,
  abstract     = {Swedish contract law is based on the main principle of freedom of contract, which means that a contract is built on a voluntary agreement of both parties. There are exceptions from the principle of freedom of contract. In some instances a party is obliged to contract (kontraheringsplikt), which also is the subject for this paper. Kontraheringsplikt can be described as an obligation for one of the parts in a relation to come to an agreement under normal circumstances with everyone who ask for it. The cases of kontraheringsplikt are rather different. The purpose of this paper is to give a general summary of different cases of kontraheringsplikt. The report is not meant to be exhaustive but to investsigate and describe some usual cases closer. In the paper both regulated and non regulated kontraheringsplikt are considered. The report concerning the regulated kontraheringsplikt is focused on bank and insurance industry. A bank can not deny the public a deposit on a bank account without objective grounds. In the same way can not neither an insurance company refuse a consumer to take on a traffic insurance, which they normally offer to customers being part of their activity. The non regulated kontraheringsplikt, with same general principles as the regulated, is described as a consequence of the Competition Act. Another aspect of the non regulated kontraheringsplikt is described out of the regulation containing the discrimination ban in the Penal Code. In the conclusion of the paper my purpose is to answer the questions at issue, why a comparsion of regulated and non regulated kontraheringsplikt and an analyse of the effects because of kontraheringsplikt at the Swedish market is neccesary.},
  author       = {Wall, Camilla},
  keyword      = {Avtalsfrihet,reglerad kontraheringsplikt,oreglerad kontraheringsplikt,effektiv konkurrens,diskrimineringsförbud,Juridical science,Rättsvetenskap, juridik},
  language     = {swe},
  note         = {Student Paper},
  title        = {Kontraheringsplikt inom förmögenhetsrätten – Avtalsfrihetens gränser},
  year         = {2006},
}