Fundamental Rights in the DCFR

26 Pages Posted: 20 Feb 2009

See all articles by Chantal Mak

Chantal Mak

University of Amsterdam - Centre for the Study of European Contract Law (CSECL); University of Amsterdam - Faculty of Law

Date Written: February 20, 2009

Abstract

The development of a 'Common Frame of Reference for European contract law' coincides with the search for a 'lasting constitutional settlement' within the European Union. This paper analyses the CFR drafted by a group of academic experts (DCFR) from a constitutional perspective, paying particular attention to the impact that fundamental rights may have on the application of its general clauses ('good faith', 'reasonableness'). It is submitted that, although the constitutionalisation of the DCFR has not yet been completed, the document does deserve admiration for the explicit manner in which it recognises the relation between contract law and constitutional law. It thus presents an excellent framework for elaborating the debate on both a European Civil Code and a European Constitution.

Keywords: European contract law, constitutionalisation, fundamental rights, Draft Common Frame of Reference

Suggested Citation

Mak, Chantal, Fundamental Rights in the DCFR (February 20, 2009). Centre for the Study of European Contract Law Working Paper Series No. 2009/01. Available at SSRN: https://ssrn.com/abstract=1346921 or http://dx.doi.org/10.2139/ssrn.1346921

Chantal Mak (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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