Den avtalsgrundade lojalitetsplikten : en allmän rättsprincip

Sammanfattning: There are a number of legal principles regulating contract law, of which good faith (bona fides) is one. In the Nordic countries the equivalence is the principle ofloyalty. The acceptance of this principle within Swedish contract law has increased during the last two decades, but the principle has not yet been subject to codification. The scope of it has yet to be developed in order to establish its framework. The aim of this thesis is primarily to analyse the premises and conclusions of the legal justification of the principle, scientifically as well as judicially. This dissertation discusses a number of aspects ofthis principle ofloyalty. Most market transactions are connected with certain assumptions about risks. To enable cost efficient market exchange a certain amount of trust between the parties is required. The law can to a certain degree protect justified assumptions about risk by extending agreements with implied terms. In case a party breaches such a term damages may be claimed or some other sanction may be imposed. The principle can be used in the interpretation process involving contracts. It relates in particular to the determination of implied terms within contractual agreements, in order to protect the reasonable expectations of the contract parties. The principle of loyalty also obliges a party to make sure that the person and the property of the other party do not suffer any damage during the performance.