Perusoikeuksien horisontaalivaikutus sopimusoikeudellisen kohtuuden ja hyvän tavan tulkinnassa
Avainsanat:
perusoikeudet, horisontaalivaikutus, sopimusoikeus, yleisetAbstrakti
Horizontal effect of constitutional rights within the interpretation of fairness and morals in contract law
The article examines the general doctrines of constitutional rights within the application of general principles such as fairness and morals in contract law. The author argues that the doctrine of horizontal effect should be developed so that they the horizontal relevance of constitutional rights would be taken more seriously. The author supports this argument by critically examining the assumptions which underlie the idea that private persons should not be considered as directly bound by each other´s constitutional rights. These assumptions deal with the limited legal impact of constitutional rights, the principle of private autonomy and the logical and legal justification of the horizontal effect of constitutional rights within contract law.
The author asserts that strong adherence to an indirect version of the horizontal effect of constitutional rights may insulate contract law discretion from varied and transparent social debate, which is inevitably required for the legal control of such discretion. The author suggests that in the future only the “horizontal effect of constitutional rights” should be mentioned, so that this model should include everyone’s obligation to respect the constitutional rights position of the counterparty also in horizontal relations. According to the author this would not constitute any major revolution in contract law because the Constitution only requires private law to take into account constitutional values in a way that transparently reflects the varied social debate in contemporary society.
