SOCIAL FORCE MAJEURE - A NEW CONCEPT IN NORDIC CONSUMER-LAW

Empirical research from various countries indicates that overindebtedness of consumers is, to a considerable extent, attributable to unexpected changes in the consumer's situation caused by illness, unemployment, and other such circumstances. It is therefore relevant to discuss whether and in what way such circumstances should be taken into account in the rules of private law. In Nordic (especially Finnish) legislation, mainly from the 1980s, there are several provisions which provide for mitigation of sanctions against a defaulting consumer if the delay is caused by illness, unemployment, etc. Such rules are contained, inter alia, in the legislation on consumer credit and on interest on delayed payments. On the basis of these provisions as well as some practices developed by the consumer authorities, a general principle of social force majeure is seen to be evolving. This doctrinal principle would enable the courts and other decision-makers to take into account unfavourable changes in the consumer's health, work, housing, and family situation in cases not regulated by specific legislation, e.g., by giving the consumer the right of withdrawal from burdensome contracts in such circumstances or to protect his right to retain electricity and telephone connections in spite of his temporary payment difficulties. The principle is expected to carry increasing weight in the future, especially in the practice of the consumer authorities. Strong arguments speak in favour of the general acceptance of such a principle. © 1990 Kluwer Academic Publishers.