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Contract Law in Norway
Norwegian contract law is considered a part of the Scandinavian legal family, a legal family that incorporates elements of both Anglo-American and continental legal theory. Unified codes regarding contracts have been enacted in Scandinavia since the end of the last century, such as the "Law of Contracts of 1918," although legal stipulations regarding contractual elements are not as specific as in the United States, and are left more open to judicial interpretations. Some legal scholars consider the entire Scandinavian legal systems as subgroup of continental law. Other scholars argue that it must be classified between the two systems. Regardless, justice towards all parties rather than the letter of the contract more important in the interpretations of the Scandinavian system. Like the continental system of law judicial proceedings regarding disputes are informative rather than adversarial. (Lillebakken, 1997) number of differences exist between the Norwegian contract system of law and the American system. For example, a the University of Oslo's legal school delineates the difference between American law, such as the presence of typical "boiler-plate" clauses called 'no oral agreements' in he American system Norwegian contract law has no such similar stipulations that states changes to the contract have to be done in writing, or "interpretation" which specifies how the agreement is to be construed, or letters of intent that contain non-binding agreements. (University of Oslo Law School, 2005) Characteristic for the Norwegian legal tradition in the 20th century, as for the rest of Scandinavia, is the so-called "legal realism," which has emphasized considerations of justice in legal reasoning. Conceptualism and integrated theoretical systems have never been followed in Scandinavia, in other words, there is no attempt to create a unified theory of contract law, rather disputes are handled by a case by case basis, with more faith in the practices of the judges to administer and dispense justice. (Lillebakken, 1997)
Works Cited
Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm
University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project. http://www.jus.uio.no/ifp/anglo_project/essays.html
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