yleissopimuksella

Yyleissopimuksella (Finnish for “by general agreement”) refers to the principle that the terms of a contract are not predetermined by statute but are instead established through the parties’ mutual consent. In Finnish contract law, this principle underlies the freedom of contract, allowing parties to tailor the arrangement to their specific needs, provided that the agreement does not contravene mandatory legal provisions or public policy. The concept is explicitly recognized in the Finnish Contracts Act, where § 4 states that the contract is governed by the parties’ agreement unless overridden by law.

The term often appears in commercial and civil contexts. In commercial transactions, a yleissopimus may set the general framework—such as price, delivery, and liability—while detailed clauses are negotiated separately. In civil matters, it can govern construction or lease agreements, giving parties the discretion to include or omit certain conditions. The principle also interacts with customary law: even when statutes provide default rules, a typical practice may override them if the parties have explicitly agreed otherwise.

Yyleissopimuksella is significant in international trade as well. When Finnish firms contract with foreign partners, the principle ensures that the contract language and substantive law can be chosen by agreement, facilitating cross-border commerce. However, courts repeatedly stress that "agreement” cannot conflict with mandatory provisions of the Act, safety regulations, or public interest.

Historical origins trace back to 19th‑century liberal economic reforms that replaced rigid guild and guild‑type statutes with a market‑oriented legal framework. The concept has since evolved, with jurisprudence clarifying the limits of contractual freedom and ensuring that voluntary arrangements do not create unfairness or illegal outcomes.