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The Draft Common Frame of Reference (DCFR) - The Most Interesting Development in Contract Law Since the Code Civil and the BGB

12 Pages Posted: 19 Mar 2012 Last revised: 15 May 2012

Frank Emmert

Indiana University Robert H. McKinney School of Law

Date Written: March 17, 2012

Abstract

The paper introduces the DCFR, which is essentially the draft of a future EU Code of Obligations and works a bit like the UCC in the USA, as a model commercial code. After a brief historic justification of the draft, there is a presentation of what the DCFR can and cannot do at the present time. Finally, the potential effect of the DCFR if chosen by the parties of an international sales transaction is explained via a hypothetical.

Keywords: international sale of goods, CISG, Unidroit Principles, Draft Common Frame of Reference

JEL Classification: F02, F23, K12, K33, K41, L64

Suggested Citation

Emmert, Frank, The Draft Common Frame of Reference (DCFR) - The Most Interesting Development in Contract Law Since the Code Civil and the BGB (March 17, 2012). Indiana University Robert H. McKinney School of Law Research Paper No. 2012-08. Available at SSRN: https://ssrn.com/abstract=2025265 or http://dx.doi.org/10.2139/ssrn.2025265

Frank Emmert (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

Inlow Hall IN 335
530 West New York Street
Indianapolis, IN 46202
United States

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