c o n t i n u i t y a n d c o n t r ac t 167 soon it was extended to apply to non-regulated questions. In this extension, the professors as well as the judges in the new German Labour Court (Reichsarbeitsgericht),which was established in1926, tended to refer to general principles of “good faith” (Ge. Treu und Glauben), which was expressed by the BGB’s general clause in its famous section 242.342 In connection to this comparative sketch it is worth mentioning the development in Denmark, which represents a peculiar variant of the synthesis of a contractual theory and the notion that the relationship between employer and employee is founded on status. The employment relationship is considered to be based on the free and concordant wills of the parties to the contract. But the very essence of the labour relationship is constituted by the collective agreements. After all, the Danish labour law in total emanates from a nationwide agreement in 1899 between the employers’ and the employees’ big organisations, namely the so-called Septemberforliget. From a legal point of view, the terms of collective agreements are considered to be integrated parts of the individual contracts of employment, and they replace the terms that contravene the collective agreement.The Danish system adapts the “English” notion that the terms of the collective agreement are integrated in the individual contracts. At the same time the way of ranging the sources of labour law in a hierarchy gives a “French flavour” to the Danish system. The collective agreement is the heart of the system, but in contrast to England, the state guarantees its imperative force. In 1910 the “Voldgiftsretten” was established. It was an arbitration board with the task of solving disputes concerning collective agreements, which received legitimacy as a court from the Danish legislature.343 342 Arbeitsrechtssammlung, Entscheidungen des Reichsarbeitsgericht, der Landesarbeitsgerichte und Arbeitsgerichte Band 9, p. 254, in Göransson 1988, pp. 130-131. 343 Supiot 1994, p. 31; Schmidt, F 1979, p. 42; Sigeman 1989-90, pp. 195-206. See also Report 2002 from the European Council on the Social Charter, XV1-1, Ch 5, 7, 12, 14 . Källström2002, p. 82; Fahlbeck 2002, pp. 89-93, 125.
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