125 1794 and the Austrian Allgcmcincs biirgerlichcs Gcsctzbuch of 1811. There is no traee of It in the Freneh Code civil of 1803. The classieal problem eonneeted with the offeraceeptance model is whether the offer in itself or the complete contract alone should be binding. For practical purposes the question was whether the offer should be revocable or not. The idea that the complete contract alone is binding on both parties at the same time was based mainly on Roman law and the Natural Law doctrine. It has been called the contract theory. The idea that an offer (m writing) is binding within a time-limit fixed m the offer or, if not so fixed, within a reasonable time, the model adopted in the Prussian and Austrian codes mentioned, has been called the promise theory. It was according to certain German scholars based on old Germanic usage. The difference is of less practical importance if - as in French law- the offer is easily made binding by fixing a time-limit for acceptance. In the Anglo-Saxon systems the consideration doctrine has barred the way for such a development. The promise theory was adopted m the German Burgerliches Gesetzbuch of 1896 as well as in the Swedish Gontracts Act of 1915 and a preceding proposal of 1894. It is this proposal, more than the Act itself, that seems to mark a turning point in Swedish law in this respect. The legal literature m Sweden, scanty up to the middle of this century, reflects of course the development m the field of contract law while at the same time it has undoLibtedly had a significant impact on it. Three authors should be mentioned, all of them university professors of law. David Nehrman published his Introduction to the Swedish lurisprudentiam Givilem m 1729, a few years before the code of 1734. It was, as he says, based on the Law of Nature as well as on Swedish laws and regulations. The law of contract taught in his book was based on the theory that it was the parties’ concordant wills, the complete consensus, that fitunded the obligation. A one-sided promise has no validity. Nehrman’s book was used as a textbook right up to the mid-19th century. Fr. Schrevelius, in his textbook on Swedish Private Law I-III, first published in the 1840’s, also taught the contract theory. He was very much influenced by the German scholar von Savigny and the Historical School. A cc^ntract was defined as two or more persons’ concordant and notified wills with the intention to determine their mutual legal relations. It is interesting to note, however, that the offer-acceptance model was also expressed in his book. An offer could be revoked at any time but could very easily be made firm. A fixed time-hmit was sufficient, but even failing such, allowance should be made for some time to consider the offer. E. V. Nordling, in his Lectures on Swedish Private Law, first published in 1882, relected the will theory and founded his exposition on contracts on the doctrine of the “reasonable interest”. He was influenced by the German scholar Jhering and the “jurisprudence of interests”. Social needs and the purpose of the legal rules are to be decisive when conflicting interests are adjusted. The task when justice is administered is to weigh and balance the parties’ interests. A contracting party is not bound because of his will but because of the interest his counter-party attaches to his act of waiver objectively construed. The “will theory” was replaced by a “'reliance theory". For Nordling it was a matter of course that an offer was binding. Although Nordhng introduced modern ideas in the field of contract law, the decisive influence on the development of this law may be ascribed to the Danish scholar Lassen, who in his famous essay in the Tidsskrift for Retsvitenskap 1888 on Promise and Acceptance set forth and vigorously advocated the promise theory. This has been the dominant theory ever since and was made the basis for a common Scandinavian legislation. The Gontracts Acts are practically identical m Denmark, Norway and Swe<- den (and later Finland). The Swedish Act dates from 1915.
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