jännityssisääntö

Jännityssisääntö refers to a Finnish legal concept that translates roughly to "tension rule" or "rule of tension." It is a principle applied in contract law, particularly in situations where there is a significant disparity in the bargaining power between the parties entering into an agreement. The jännityssisääntö aims to prevent unfair or exploitative contractual terms that arise due to such an imbalance.

This rule allows a court to set aside or modify a contractual term if it is deemed to create an unreasonable or unjust tension between the parties. This can occur when one party, due to their stronger position, imposes terms that are excessively burdensome or disadvantageous to the weaker party. The assessment of whether a jännityssisääntö applies is made on a case-by-case basis, considering the specific circumstances of the contract formation and its terms.

Key factors in applying the jännityssisääntö include the degree of imbalance in bargaining power, the nature of the contract, the clarity and understandability of the terms, and the potential for the term to cause significant harm to the weaker party. It serves as a mechanism to ensure a degree of fairness and equity in contractual relationships, particularly in consumer contracts or agreements between businesses of vastly different sizes. The ultimate goal is to prevent the exploitation of one party by another through unfair contractual stipulations.