Against the Background of DCFR and CESL: Developing Quality Standards for Future Harmonization of European Contract Law

Abstract

The paper presents fundamental lines of critique with regard to the harmonization process in European contract law, referring in particular to the Draft Common Frame of Reference (DCFR) and to the Common European Sales Law (CESL). The main purpose of the article, however, is to develop guidelines for a more effective and fruitful harmonization process in the future. To pursue this goal, some elementary postulates are defined. One may call them stability criteria of a prolific development of European contract law. The bottom-line suggestion is to focus on laying down the “Fundaments” first before we can turn to erecting the “House of a Common European Contract Law”.

Keywords: DCFR, CESL, Harmonization, European Contract Law, Contract Law, EU, European Union, Draft Common Frame of Reference, Common European Sales Law, critique