Adjustment of Commercial Contracts between Equal Parties : reflections on Section 36 of the Swedish Contracts Act based on some recent legal rulings

This article presents a few observations from Swedish general contract law. It has its focus on the recent application of the ever-current Section 36 of the Act (1915:218) on Contracts and other Legal Acts of Private Law, the so-called Contracts Act, on commercial contracts. My observations lead to the conclusion that the strong restrictiveness in the application that the preparatory works of Section 36 called for no longer applies. A previous version of this article has been published in Swedish in Svensk Juristtidning (Swedish Law Journal) 2024, pp. 32-56.