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Common Frame of Reference and UNIDROIT Principles of International Commercial Contracts: Coexistence, Competition, or Overkill of Soft Law?


Stefan Vogenauer


University of Oxford - Faculty of Law

October 23, 2009

European Review of Contract Law, Vol. 6, No. 2, 2010
Oxford Legal Studies Research Paper No. 34/2010

Abstract:     
This paper compares the scope, the purpose, the legal effect and the content of the emerging Common Frame of Reference on the one hand and the UNIDROIT Principles of International Commercial Contracts on the other. It predicts that the two instruments will largely coexist side by side, rather than compete for potential users. The author further argues that, in the area of commercial law, there is no strong need for a non-binding, or ‘soft’ Common Frame of Reference because the UNIDROIT Principles are sufficiently capable of performing the functions that such a Frame of Reference can legitimately claim to fulfil: the Common Frame of Reference may be just one soft law instrument too many.

Number of Pages in PDF File: 48

Keywords: comparative law, European private law, contract law, commercial law, consumer law, civil procedure,

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Date posted: April 3, 2010 ; Last revised: May 2, 2010

Suggested Citation

Vogenauer, Stefan, Common Frame of Reference and UNIDROIT Principles of International Commercial Contracts: Coexistence, Competition, or Overkill of Soft Law? (October 23, 2009). European Review of Contract Law, Vol. 6, No. 2, 2010; Oxford Legal Studies Research Paper No. 34/2010. Available at SSRN: http://ssrn.com/abstract=1581352

Contact Information

Stefan Vogenauer (Contact Author)
University of Oxford - Faculty of Law ( email )
Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom
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