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ARTICLE · 22 MARCH 2012

The Danish Contracts Act

Moalem Weitemeyer Bendtsen Advokatpartnerselskab
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In general, the principle of freedom of contract governs Danish contract law and constitutes the fundamental principle for contracting in Denmark.

DenmarkCorporate/Commercial Law

Summary

In general, the principle of freedom of contract governs Danish contract law and constitutes the fundamental principle for contracting in Denmark. However, the Danish Contracts Act does provide a general legal framework for entering into contracts as well as regulating the use of proxies and invalidity.

Generally, the contracting parties may deviate from the rules set out in the Act and parties engaging in business-to-business transactions are thus provided a great deal of latitude to negotiate and enter into individual agreements and contracts. However, these agreements may not conflict with other regulations such as competition law, the rights of third parties or specific rules and regulations governing certain kinds of businesses.

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