Common Frame of Reference and UNIDROIT Principles of International Commercial Contracts: Coexistence, Competition, or Overkill of Soft Law?
Max Planck Institute for European Legal History
October 23, 2009
European Review of Contract Law, Vol. 6, No. 2, 2010
Oxford Legal Studies Research Paper No. 34/2010
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,
Date posted: April 3, 2010 ; Last revised: May 2, 2010