Dinamarca: General contract terms in Denmark

Autor:Palle Bo Madsen
Cargo:Senior lecturer at the Institute of Private Law, University of Aarhus
Páginas:40-43
 
TRECHO GRÁTIS
RPDC, Dezembro de 2013, n.º 76
40
RPDC
Revista Portuguesa
de Direito do Consumo
DINAMARCA
GENERAL CONTRACT TERMS
IN DENMARK
Palle BO MADSEN
Senior lecturer at the Institute of Private
Law, University of Aarhus
1. I ha
to the dealing with general terms of a contract pre-established by one of the parties. I
will concentrate on the demand for fair and reasonable contract terms, which seems to
be particular problematic when operating with general contract terms or standard-form
contracts.

terms shows to be somewhat of a many-headed monster. It can come up in individually

contracts and other contracts drawn up by one of the parties. Sometimes the problem
of unfair or unreasonable contract terms is closely connected with the circumstances
prevailing at the making of the contract, and sometimes it is simply a problem of terms,
content and consequences. It occurs frequently in consumer contracts, but it can also be
a true problem in relation to contracts between businessmen.
Usually the problem of unfair general contract terms arises in connection with an
inequality of bargaining power, which implies a temptation for the stronger party to
push the weak to the wall – so to speak – and to present a take-it-or-leave-it. Between
businessmen, where both parties operate with general contract terms, and where one
may presume equality of bargaining power, the main problem is of another sort: whose
terms are to prevail? An issue well known as “the battle of forms”.
molde def 76 novo.indd 40 28-07-2014 12:45:54

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