Obligation to Contract as an Exception

In Finland, the obligation to contract is only recognized in exceptional circumstances. The starting point is that no one can be forced to enter into a contract against their will but instead everyone has the right to choose whether or not they want to contract.

There are, however, circumstances where the availability of products and services for everyone is regarded as being important enough to justify an obligation to contract. This is the case where e.g. the manufacturer of the product or service has a monopoly or a similar position. The importance of guaranteeing the availability of products or services for a consumer also affects the decision justifying an obligation to contract. For instance the availability of electricity is regarded as being of such great importance that the provider’s freedom to contract has been restricted so that the supplier has on obligation to conclude a contract with a consumer. The consumer is, however, free to choose between different electricity providers. The freedom to choose the customer is also restricted in e.g. public transportation.