European Competence, A European Civil Code, A Common Frame of Reference or An Optional Instrument
19 Pages Posted: 20 Nov 2009 Last revised: 26 Dec 2012
Date Written: November 19, 2009
In this paper, it is explored whether the European Union has the power to adopt a European Civil Code under the Lisbon Treaty. A distinction is made between an instrument that replaces national law and an instrument that exists in addition to the national legal systems. Considering the lack of competence in the Lisbon Treaty, it is explored why the European Commission has come forward with the Common Frame of Reference.
Keywords: European Union, contract law, European civil code
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