EUROPEAN PRIVATE LAW AFTER THE COMMON FRAME OF REFERENCE: WHAT FUTURE FOR EUROPEAN PRIVATE LAW, Edward Elgar Publishing, 2010
21 Pages Posted: 2 Aug 2010 Last revised: 20 Dec 2013
Date Written: July 30, 2010
This is the introduction to a book which should be understood as an attempt to pave the way for and to initiate second generation research in European private law subsequent to the DCFR. It is, however, not discussing the dogmatics of the various proposed solution – its pros and cons and compatibilities or incompatibilities with particular national concepts, nor the most far-reaching question of whether a European Civil Code in any form is needed in a global political and economic environment where private law is getting ever more extra-territorialised. This book takes a middle range theoretical perspective. It aims at giving a voice to the growing dissatisfaction in academic discourse that the DCFR as it stands in 2009 does not represent available knowledge as to the possible future of European private law. The theoretical level is therefore middle range, focusing on the legitimacy of law-making through academics now and in the future and on possible conceptual choices in the future European private law. In the light of the experience gained through the DCFR the authors advocate the competition of ideas and concepts.
Suggested Citation: Suggested Citation