Abstract

Swedish as well as Danish, Norwegian and Finnish law had between 1936 and 1976 an Article 8 in their joint Promissory Notes (Debt Instruments) Act providing that obviously unconscionable terms could be modified. This article was in some cases, but very restrictively, applied by analogy. Courts had however other means to take reasonableness into regard. This contribution discusses these other means and the application of article 36 of the Contracts Act in force since 1976.

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