2011-09-01
Author | Sjef van Erp,Kenneth G C Reid,Ben McFarlane,Alexandra Braun,Stephen Swann |
Published date | 01 September 2011 |
Pages | 462-482 |
DOI | 10.3366/elr.2011.0061 |
Date | 01 September 2011 |
The final version of the Draft Common Frame of Reference – the DCFR – was published in February 2009. C von Bar, E Clive and H Schulte-Nölke (eds), C von Bar and E Clive (eds), The flavour of the discussion is admirably captured by Eric Clive's blog: see
In the opening paper, the evident difficulties of drafting “European” provisions in an area of law so heavily dominated by the Common Law are explained by Stephen Swann, the leading figure in the preparation of Book X. The EU is split between those jurisdictions which have the trust and the much larger number of jurisdictions which do not. There are thus two potential groups of user, with priorities which, as Stephen Swann acknowledges, “only partially coincide”. Thus, he continues, “it would be surprising if pan-European model rules on trusts (as opposed to, say, contracts) could do justice to the needs of both constituencies”.
The other papers in the collection put that statement to the test, being evenly drawn from those jurisdictions which...
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