EUROPEAN PRIVATE LAW BEYOND THE COMMON FRAME OF REFERENCE: ESSAYS IN HONOUR OF REINHARD ZIMMERMANN. Ed by Antoni Vaquer Groningen: Europa Law Publishing (www.europalawpublishing.com), European Studies in Private Law vol 3, 2008. xiv + 217 pp. ISBN 9789076871936. €49.

Pages351-353
DOI10.3366/E1364980909001607
Date01 May 2009
AuthorMartin Hogg
Published date01 May 2009

This work contains the published papers of a conference held at the University of Lleida in Catalonia in 2007 to pay tribute to the immense contribution to European private law of Professor Reinhard Zimmermann, Director of the Max Planck Institute for Comparative and International Private Law in Hamburg, especially through his seminal work The Law of Obligations (1990). In this book that contribution is discussed in tandem with musings about what the future holds for a European ius commune in the light of the publication last year of the Draft Common Frame of Reference (DCFR). The DCFR represents an academic endeavour, sanctioned by the European Union, to produce principles, definitions and model rules for European private law. Its scope is ambitious, covering general principles of obligations law, contracts (including specific treatment of sale, hire, contracts for services, mandate, agency, and securities), negotiorum gestio, delictual damage, and unjustified enrichment. In its interim edition of 2008 the DCFR was incomplete, and several important topics – including donation, ownership and security rights in movables, and trusts – had to wait until the publication of the final version in 2009 (available at http://webh01.ua.ac.be/storme/2009_02_DCFR_OutlineEdition.pdf). Although published in 2008, the work under review benefits from chapters discussing drafts of these missing provisions which were available at the time of the Lleida Conference.

The work begins with a contribution from Zimmermann himself on legal history and comparative law, in which he reminds us of the fundamental importance to modern comparative scholars of understanding legal history: “an understanding of the past is the first and essential prerequisite for devising appropriate solutions for the present day and for the future” (13). The contribution of Zimmermann's own work in bringing the lessons of the past to bear upon contemporary legal scholarship is discussed in the succeeding three chapters, including an analysis by Hector MacQueen of the significance of Zimmermann's work in developing Scottish doctrinal private law scholarship.

These opening chapters will be of interest to those seeking to review the important contribution made by Zimmermann to the development of a modern ius commune, but it is the succeeding ten chapters of the work which are of primary relevance for the DCFR and its likely impact on European private law. The coverage is not comprehensive, in that not every...

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