Chapter

A Way Forward for European Contract Law?

Lucinda Miller

in The Emergence of EU Contract Law

Published in print September 2011 | ISBN: 9780199606627
Published online January 2012 | e-ISBN: 9780191731716 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199606627.003.0004

Series: Oxford Studies in European Law

A Way Forward for European Contract Law?

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This chapter examines the EU’s broader (non sector-specific) contract law programme. It is primarily concerned with the instrument known as the Common Frame of Reference (CFR) a draft of which has already been published (DCFR). The CFR is bedevilled with ambiguity concerning such things as its function, form, content and constitutional place within the EU legal framework. There is much speculation over whether it will finally emerge as an Optional Instrument, ‘toolbox’ or even as a European Civil Code and the chapter assesses the legal/constitutional implications of each of these functions. It also addresses the processes associated with the CFR’s creation and the consternation over whether the jurist’s prominent role in lawmaking is legitimate. Finally, the chapter explores the relationship between the Consumer Acquis review and the CFR.

Keywords: Common Frame of Reference (CFR); Optional Instrument; European Civil Code; toolbox; Consumer Acquis review; jurist; legitimacy; competence

Chapter.  20646 words. 

Subjects: EU Law

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