In Denmark, there is a vast background legislation which “fills the gaps” in contracts. Therefore, contracts involving a Danish party is often quite short. As a foreign company, you really need to know what applies when you omit to regulate certain aspects in the contract. Read between the lines here.
Why is it important?
Businesses operating in the international market are facing various challenges. Globalisation, international transactions, increased competitiveness and technological evolution make today’s commercial relationships more complex. Therefore, it is of essence that businesses plan their commercial strategy and ensure reliable as well as durable commercial relationships through commercial contracts.
In Denmark, contracts are governed by the principle of freedom of contract. As a rule, Danish contracts do not require a specific form or content, and the contracting parties are free to agree on the terms and conditions of the contract. However, these agreements may not conflict with the rights of a third person or other regulations, such as competition law or rules regulating specific types of businesses.
Denmark is based on the civil law doctrine, with a large “background legislation” filling in the legal gaps where contracting parties have not made specific provisions in their contracts. Therefore contracts in Denmark are often shorter than in other countries, as the parties often omit to regulate certain aspects, as both parties know and accept the before-mentioned background legislation which applies in case of a dispute. To summarise – as a non-Danish party entering into agreements in Denmark you will need an understanding of the basic Danish contract legislation and principles – this is where we at R&R International can help.
What can we do to help you?
We at R&R International believe that our knowledge of the applicable laws and their practical effects on your investments in Denmark is essential when you plan your commercial strategy involving activities in Denmark. We are a professional legal team well experienced in international commercial law and commercial contracts.
How can we assist you?
We can help you with the following:
- International sales
- Long-term agreements
- Alternative Dispute Resolution methods (ADR)
For more on Danish legislation and principles on agreements and trade, please read the following articles.