Pre-Contractual Duties - From the Acquis to the Common Frame of Reference
R.Schulze, COMMON FRAME OF REFERENCE AND EXISTING EC CONTRACT LAW, 2nd revised edition, Munich: Sellier, 2009
37 Pages Posted: 3 Dec 2009
Date Written: September 30, 2009
The purpose of this chapter is to concentrate on the development of the Acquis Principles (ACQP) on pre-contractual duties (particularly precontractual information duties) and their inclusion in the "final" Draft Common Frame of Reference (DCFR) - 2009 version. In doing so, there will first be a brief overview of the challenges involved in drafting the ACQP, as well as the potential problems associated with incorporating the ACQP into the DCFR. The main part of this chapter then examines the development of the Acquis Principles on pre-contractual duties, followed by an analysis of the corresponding DCFR provisions. It will be seen that with regard to this particular subject area, the provisions from the ACQP are clearly identifiable in the DCFR, albeit with some modifications, and that the ACQP have contributed significantly to the DCFR.
Keywords: Acquis Principles, pre-contractual information duties, DCFR, ACQP, Draft Common Frame of Reference, European Contract Law
JEL Classification: K12
Suggested Citation: Suggested Citation