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The Public Sector and Obligation to Contract
University of Southern Denmark, Denmark.
University of Copenhagen, Denmark.
2016 (English)In: European Review of Contract Law, ISSN 1614-9920, E-ISSN 1614-9939, Vol. 12, no 2, p. 77-95Article in journal (Refereed) Published
Abstract [en]

The paper concerns the situation where public sector bodies are forced to enter into contracts. These obligations to contract are analysed from two angles. First, the paper offers an analysis of the reasons for imposing such obligations to contract under Swedish and Danish law. Secondly the paper discusses some consequences of the public entities’ obligations to contract, more specific consequences for the use of rules that usually regulate contracts and the fact that obligations to contract imposed on public entities establish a new market and at the same time the obligations deprive the entities of the freedom to contract which is a fundamental to market behaviour. Finally attention is drawn to the fact that obligations to contract are also imposed on private entities. The paper takes Swedish and Danish regulations as a point of departure and provides an insight into regulations from these two countries imposing obligations to contract, offering a number of examples of such regulations. Moreover, since obligation to contract and freedom to contract are universal concepts, the paper is of relevance to all countries that have similar regulations including other EU Member States. 

Place, publisher, year, edition, pages
2016. Vol. 12, no 2, p. 77-95
National Category
Law (excluding Law and Society) Other Legal Research Criminology
Research subject
Law
Identifiers
URN: urn:nbn:se:lnu:diva-134197DOI: 10.1515/ercl-2016-0006OAI: oai:DiVA.org:lnu-134197DiVA, id: diva2:1922387
Available from: 2024-12-18 Created: 2024-12-18 Last updated: 2025-02-20Bibliographically approved

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Indén, Tobias

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  • apa
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  • de-DE
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  • nn-NO
  • nn-NB
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  • Other locale
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Output format
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  • asciidoc
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