The Draft-Common Frame of Reference for a European Private Law: Fit for Purpose?

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Cited in

Author	Jan M. Smits
Published date	01 June 2008
Date	01 June 2008
DOI	http://doi.org/10.1177/1023263X0801500201
Subject Matter	Editorial

15 MJ 2 (2008) 145

eDIToRIal

THe DRafT-Common fRame of

RefeRenCe foR a eURoPean

PRIvaTe laW: fIT foR PURPose?

J M. S*

§1. INTRODUCTION

In December 2007, the Dra-Common Frame of Reference for a European pr ivate law

was presented to the European Commission.1 is important event was the result of four

years of work by the Study Group on a European Civil Code a nd the Research Group on

the Existing EC Pr ivate Law (the so-called ‘acquis-group’).2 e Dra -CFR follows from

the Communication on European Contract Law of 2004,3 in which the Commission

indicated that den itions, fundamental principles and model ru les for a European

contract law had to be put into place i n order to enhance the quality and consistency

of the existing acquis. e  rst results a re now available in a provisional version.  is

editorial discuss es the contents of the Dra-CFR (2), the question of whether this dra is

t for purpose, some points of criticism (3), and nally t he follow-up (4).

§2. THE CONTENTS OF THE DRAFTCFR

e CFR consists of ten ‘books’ dealing with general provisions (Book I), contracts and

other jurid ical acts (Bo ok II), obligations a nd corresponding rig hts (Book III), sp ecic

contracts (Book IV), benevolent i ntervention i n anot her’s aairs (Book V), tort law

(Book VI) and u njustied enrichment (Book VII). e books on acquisition and loss of

ownership i n movables (Book VIII), sec urity rights in movables (Book IX) and tru sts

* Member of the MJ Committee ; Professor of European Private Law and Compar ative Law at the Tilburg

Institute of Compa rative and Transnationa l Law (TICOM).

1 C. Von Bar, E. Cl ive and H. Schu lte-Nölke (eds.), Princ iples, Denitio ns and Model Rules of Europea n

Private Law: Dra C ommon Frame of Reference , Interim Outline Edition (Sel lier, 2008). e text is als o

available at <ht tp://www.law-net.eu>.

2 ese are the two most import ant groups in the Jo int Network on European Private Law, a so-cal led

network of exce llence nanced by t he European Commis sion.

3 COM (2004) 651 def.

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The Draft-Common Frame of Reference for a European Private Law: Fit for Purpose?

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