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  • 1.
    Hult, Daniel
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Det reglerade fjärrvärmeavtalet: Etapp ett2012Report (Other (popular science, discussion, etc.))
    Abstract [en]

    This report summarises the results of the research I have conducted during the time from the 1th of March 2010 until 28th of February 2011. The research project has been financed by granting of the application no. 164: Det reglerade fjärrvärmeavtalet – En studie i regleringsteknik med utgångspunkt i fjärrvärmebranschens rättsliga förutsättningar. The project is divided into three stages; this report concerns the first stage. The first stage has had two objectives The first objective was to investigate how the supervisory authority, by executing its supervisory function, may affect the contractual relationship between a district heating supplier and a commercial district heating customer The second objective was to identify and structure problems for thenext two stages of the project. On the question of how the supervisory function of the supervisory authority may affect the contractual relationship between the district heating supplier and commercial district heating customer, first, the legal competence of the supervisory authority was analysed and, secondly, an investigation was conducted regarding the types of contracts to which the supervisory authority may and shall direct its supervision. It was concluded that the answer to the first question is that the supervisory authority shall supervise the informational content of the district heating contract as stated in sec. 6 of the Swedish District Heating Act. Further, it was concluded that the supervisory authority may possibly have the competence to supervise also the substantive content of the district heating contract with a view to ensuring that the substantive rules of the District Heating Act are followed which embody the informational requirements sec. 6 of the District Heating Act. Regarding the second question above, it has been concluded that the supervisory authority probably is bound to direct its supervision toward so-called standard forms of contracts, but not toward individually negotiated contracts. As concerns the task of identifying and structuring problems for the next two stages of the project, work has been focused on (1) identifying and describing the legislator’s manner of problematising the district heating industry and (2) presenting alternative and complementing perspectives to the legislator’s view. The legislator’s view on the district heating industry is that it is desireable that more people choose district heating sold in a market, although the district heating suppliers are deemed to enjoy an almost monopolistic position. This view of the legislator has been contrasted to, and discussed from, five alternative perspectives. From the first perspective, the district heating industry is understood as an industry dependent of an infrastructural network. From the second perspective, district heating is understood as a primary need. The third perspective assumes a critical standpoint on the legal definition of a “consumer” in the light of the reality of the contractual relations between supplier and customer in the district heating industry. The fifth, and last, perspective examines the legal historical context of the district heating industry. As regards the communication of the research results, this has been effected by my participation in two legal academic conferences, one conference arranged by Svensk Fjärrvärme, one publication of an academic article as a chapter of a book, and through a research proposal seminar open to the public.

  • 2.
    Hult, Daniel
    Jönköping University, Jönköping International Business School.
    Det reglerade fjärrvärmeavtalet: Etapp två2013Report (Other (popular science, discussion, etc.))
    Abstract [en]

    The question of trust and district heating has been topical for many years. The legislator has taken the position that the trust in the district heating industry is at risk due to the supposedly close to monopolistic position which the district heating companies have in relation to the district heating customers when they are connected to a district heating distribution net. The legislator deems district heating positive from an environmental perspective and therefore reckon the potentially declining trust as a problem since a decline in trust might make potential customers disinterested in district heating and might make current customers inclined to change heating method to a less environmentally positive one. In order to strengthen the position of the customers vis-à-vis the district heating companies and to increase the transparency of

    the district heating companies, and thereby increase the customers trust in district heating, the Swedish District Heating Act was enforced in 2008. My research is divided into three stages which together shall form my dissertation in law. The overarching purpose of the dissertation is to investigate if the Swedish District Heating Act will have the intended effect with which it was motivated, i.e. if the Swedish District Heating Act will increase trust in district heating. In this report I will present the tentative results from stage two. During stage two I have investigated and described the concept of trust. The investigation and description has been structured in accordance with three perspectives:

    1. The ontology of trust

    2. The emergence of trust

    3. The function of trust

    The description of the concept of trust is supposed to form the basis for the analysis of the Swedish District Heating Act which will be conducted during the third stage of the research project. During stage two I have also investigated and tried to establish what view the legislator has taken on trust within the context of the Swedish District Heating Act. This investigation took as its starting point three fundamental question:

    1. Who or what is the trustor according to the Swedish District Heating Act?

    2. Who or what is the trustee according to the Swedish District Heating Act?

    3. Which are the actions the trust is concerned with according to the Swedish District Heating Act?

    The trustor is defined as whom or what that shall have trust is someone or something whereas the trustee is defined as who or what the trustor shall trust. The action with which the trust is concerned is defined as the actions the trustor shall trust the trustee to perform. This far, my analysis shows that the trustor according to the Swedish District Heating Act is the potential and current district heating customers. The analysis also shows that it is uncertain who or what is the trustee according to the Swedish District Heating Act. The reason is that the preparatory work of the act are ambiguous on the question whether the trust of the potential and current customers is related to the district heating companies as such or if it is related to the abstract institution of district heating as a form of heating. Furthermore, my analysis shows that the actions with which the trust is concerned are as follows: the district heating companies shall deliver district heating to the customers in accordance with reasonable contractual terms, especially regarding pricing terms. Taken all together, one can conclude that the Swedish District Heating Act should increase the trust of the potential and current customers in either the district heating companies themselves or in district heating as a way of heating regarding the delivery of district heating in accordance with reasonable contractual terms and especially regarding the pricing terms. Finally, some words concerning the upcoming research in stage three. All the details are not yet set but the general idea is that I, during stage three, will analyze the Swedish District Heating Act using the description of the ontology, emergence and function of trust which has been presented in stage two. It is probable that I will limit my analysis to those provisions which are intended to affect the potential and current customers’ contractual relations, i.e. the provisions which are directed at the relationship between the district heating companies and their potential and current customers. The systematic core of these provisions is the regulatory technique used in the Swedish District Heating Act which is based on a supervisory authority monitoring the compliance of both public law and private law provisions. The idea is that I will analyze the substantive content of the provisions together with the monitoring function of the supervisory authority in order to conclude on the question whether the Swedish District Heating Act fulfills its purpose of creating trust.

  • 3.
    Hult, Daniel
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law.
    Fjärrvärmelagens disposivitet i förhållande till näringsidkare2009Report (Other academic)
    Abstract [en]

    Due to the dominant position district heating companies are presumed to have in relation to their customers, the Swedish legislator has not deemed the situation on the district heating market to be fully satisfactory. In order to remedy this shortcoming, and to promote confidence in the district heating business, on 1 July 2008, the District Heating Act entered into force.

    This paper aims to clarify the extent to which the private law provisions contained in the Act are mandatory in contractual relationships between district heating companies and their business (non-consumer) customers. This question is not unambiguously answered in either the Act itself, or its preparatory works, thus necessitating a fuller analysis of the problem.

    Viewing the relevant provisions of the District Heating Act in light of its overall purpose, it becomes clear that they are non-mandatory in the relationships in question. However, this is true only in a formal perspective. Practically, the provisions are not entirely at the disposal of the parties.

    The regulatory authority charged with supervising the implementation of the District Heating Act has, among other things, the task of making sure that the private law provisions of the Act are observed, thereby counteracting the non-mandatory character of the provisions relevant in this paper.

    Furthermore, general rules of contract and competition law may – but do not necessarily have to – inform the provision in such a way as to indirectly make them mandatory. The provisions, therefore, ought to be viewed as semi-mandatory, rather than non-mandatory.

    The conclusion of this paper, therefore, is that the design of the private law provisions of the District Heating Act has created a certain amount of legal uncertainty for both providers and business customers of district heating – an effect contrary to the overall purpose of the Act. A possible solution to this problem, it is suggested, is that business customers of district heating organise in a way similar to that of the providers’ organisation, Svensk Fjärrvärme AB. It should be possible to negotiate agreed documents between the parties that could be used as a standard of doing business. Such agreed documents could likely be accepted as reasonable and well-balanced by both providers and business customers of district heating, thus increasing trust in district heating without limiting the contractual freedom of the parties through legislation.

  • 4.
    Hult, Daniel
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Mötet mellan civilrättslig avtalsfrihet och offentligrättslig tillsyn över avtalets innehåll på fjärrvärmemarknaden2011In: Den nordiska välfärden och marknaden: Nordiska erfarenheter av tjänster av allmänt intresse i en EU-rättslig kontext / [ed] Tom Madell, Terjei Bekkedal,Ulla Neergaard, Uppsala: Iustus Förlag AB , 2011, p. 189-215Chapter in book (Other academic)
    Abstract [sv]

    I den föreliggande artikeln ska jag diskutera hur förvaltningsrätt och civilrätt möts när två parter sluter avtal om fjärrvärme.[1] Mötet har sin grund i att lagstiftaren valt att ge en förvaltningsmyndighet i uppgift att kontrollera innehållet i avtalsparternas fjärrvärmeavtal.[2]

    Artikeln är begränsad till att behandla avtal som sluts mellan näringsidkare; således diskuteras konsumentförhållanden endast som jämförelseobjekt. Vidare ska framhållas att rättsläget i mångt och mycket är oklart. Det finns ännu ingen praxis på området – varken domstolspraxis eller myndighetspraxis – och fjärrvärmemarknaden har så vitt jag vet inte berörts i den svenska juridiska doktrinen. Mitt syfte med den här artikeln är därför tudelat: dels att beskriva fjärrvärmemarknadens speciella karaktär ur ett juridiskt perspektiv, dels att försöka tolka och problematisera den av lagstiftaren valda regleringstekniken.

    För att introducera läsaren till ämnet börjar jag med att i korthet beskriva fjärrvärmemarknadens tekniska förutsättningar och vilka problem som dessa anses orsaka. Härefter presenteras lagstiftarens åtgärder för att motverka de förmenta problemen genom att jag systematiserar de relevanta bestämmelserna. Avslutningsvis diskuteras och problematiseras reglernas närmare innebörd mot bakgrund av de ändamål som lagstiftningen på området ger uttryck för.

    [1] Ett stort tack ska här framföras till Jakob Heidbrink som trots semesterledighet tagit sig tid att läsa mina utkast och ge nyttig feedback.

    [2] 52 & 6 §§ fjärrvärmelag (2008:263) (fjärrvärmelagen)

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