Common Core Evaluation of the Draft CFR - Book VII (Unjustified Enrichment)

A FACTUAL ASSESSMENT OF THE DRAFT COMMON FRAME OF REFERENCE, pp. 249-268, Luisa Antoniolli & Francesca Fiorentini, eds., München 2010

Tilburg Law School Research Paper No. 2009-04

21 Pages Posted: 12 Mar 2009 Last revised: 24 Nov 2010

Jan M. Smits

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)

Vanessa Mak

Tilburg Law School

Date Written: March 12, 2009

Abstract

This contribution contains an evaluation of Book VII (Unjustified enrichment) of the Draft Common Frame of Reference (DCFR). It was written as part of the evaluation carried out by the Common Core of European Private Law group in the context of the Joint Network on European Private Law (CoPECL). The explicit aim of this evaluation is to put the black letter rules of the DCFR to the test by applying them to a set of three hypothetical cases. On the basis of this analysis, several criticisms may be made, which we summarize by making three different points. First, the question of taxonomy is discussed. Secondly, it is questioned whether the DCFR fully grasps the function of the law of unjustified enrichment. Finally, we look into the function of the DCFR and what this function brings with it for dealing with restitutionary claims.

Keywords: Draft Common Frame of Reference, Harmonisation, European private law, Unjustified enrichment

Suggested Citation

Smits, Jan M. and Mak, Vanessa, Common Core Evaluation of the Draft CFR - Book VII (Unjustified Enrichment) (March 12, 2009). A FACTUAL ASSESSMENT OF THE DRAFT COMMON FRAME OF REFERENCE, pp. 249-268, Luisa Antoniolli & Francesca Fiorentini, eds., München 2010; Tilburg Law School Research Paper No. 2009-04. Available at SSRN: https://ssrn.com/abstract=1358020

Jan M. Smits

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) ( email )

P.O. Box 616
Maastricht, NL-6200 MD
Netherlands

HOME PAGE: http://www.jansmits.eu

Vanessa Mak (Contact Author)

Tilburg Law School ( email )

Department of Private Law, room M310
Tilburg, - 5000 LE
Netherlands

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