The Common Frame of Reference as a Source of European Private Law
Martijn W. Hesselink
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
November 26, 2008
Tulane Law Review, Vol. 83, No. 4, pp. 919-971, 2009
Centre for the Study of European Contract Law Working Paper Series No. 2008/10
The Draft Common Frame of Reference is likely to become an authoritative source of law in a substantive sense. Even if it will not obtain any formal status (e.g. as an optional code) in the near future, it will probably become an important source of inspiration for the Europeanization of private law. This likely course of events is also desirable: a CFR-friendly interpretation of national and EC private law should be a key element of a European legal method for the developing multi-level system of European private law. Furthermore, the academic draft CFR provides a good basis for a final political CFR. In other words, the argument that the DCFR is of insufficient quality is not convincing. Nevertheless, the DCFR can and should certainly be improved. A European Law Institute and a WikiCFR would be good ways of including stakeholders in the process. However, that is not sufficient: what is urgently needed at this moment is real democratic input, with a focus not only on the scope but also on the content of the CFR. As to its substance, the CFR should be amended along three lines: social justice issues, back to contract, and co-ordination with the proposed EC directive on consumer rights.
Number of Pages in PDF File: 53
Keywords: CFR, European Private law, European Law, Contract Law, Democracy, Legal Method, Sources of Law, Soft LawAccepted Paper Series
Date posted: November 26, 2008 ; Last revised: April 1, 2011
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