Chapter 1: Introduction
European Contract Law: the Draft Common Frame of
Reference
1. A project leading to the preparation of a
common frame of reference (CFR) in the field of contract law has
been under way since the publication by the European Commission
of an Action Plan in 2003. The first stage was a research project
of comparative law, building on work begun in the 1990s by academic
lawyers and others. That stage has now concluded with the presentation
of the DCFR[1] to the Commission
by the Study Group on a European Civil Code and the Research Group
on Existing EC Private Law, in December 2008. It was published
in February 2009. An edition including explanatory and extensive
comparative law material gathered in the course of the work is,
we understand, to be published later this year.
2. An interim outline edition of the DCFR was
presented to the Commission in December 2007, and published in
early 2008.[2] The final
version contains additional material promised by the interim edition
and has revised the original text to take account of comments
on the interim edition. The publication of the final version did
not significantly affect the matters which are considered in this
report.
3. Sub-Committee E (Law and Institutions) has
been following the CFR project since its inception and undertook
this inquiry based on the interim edition. A list of members of
the Sub-Committee is at Appendix 1. No call for evidence was issued.
The Sub-Committee took evidence from Professor Stefan Vogenauer,
Professor of Comparative Law at the University of Oxford,
Jonathan Faull, Director General for Justice, Freedom and Security
at the Commission and from the Parliamentary Under-Secretary of
State at the Ministry of Justice, Lord Bach, attended by two officials
from his Department, Paul Hughes (Head of International Property
Law) and Oliver Parker (Senior Legal Adviser). We are very grateful
to them for their assistance.
4. The Ministry of Justice commissioned a report
on the draft CFR from Professor Simon Whittaker of the University
of Oxford. We are grateful to the Minister for providing a copy.[3]
5. We make this report to the House for information.
1 Principles, Definitions and Model Rules of European
Private Law; Draft Common Frame of Reference (DCFR), Outline
Edition (Sellier 2009). Back
2
Principles, Definitions and Model Rules of European Private Law;
Draft Common Frame of Reference (DCFR),
Interim Outline Edition (Sellier 2008). Back
3
The 'Draft Common Frame of Reference': an Assessment commissioned
by the Ministry of Justice, United Kingdom (November 2008). Back
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