The common frame of reference for European Private Law

Abstract

The work on a Draft of a Common Frame of Reference started in 1989, when the European Parlament proposed the creation of a European Civil Code. A first version was published in 2007 and a second version in 2009, as a result of the combined work of two expert groups: The Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group). To a large extent the DCFR is based on the Principles of European Contract Law, elaborated during the eighties under the direction of Ole Lando. The feasibility study presented in 2011 presents the pillars for a future European contract law. The DCFR contains a series of principles, definitions and models of European private Law that pretend to be a framework for a Common Framework Reference with political support, thus ceasing to be a purely academic work. The idea that rules the project of a Common Frame of Reference is to propose an “optional instrument” without imposing a codified European Contract Law. In this way, the parties have the possibility, at the moment of concluding a contract, to opt for the application of the rules contained in this instrument rather than following the strict rule of conflict of laws which –in the majority of the cases- lead one party of the contract to face the usual problems: being subject to a foreign, unknown law at hand only in a language which that party does not master at a very high level. Despite the initial idea being that of an “optional instrument”, the current proposal is very similar to a Civil Code. A closer look at the content of the DCFR, as far as contract law is concerned, indicates various types of contracts, such as a contract for the purchase of goods, a rental contract and for rendering services. Detailed regulation can be found on pre-contractual faith, obligations and remedies etc.