von Bar / Clive / Schulte-Nölke Principles, Definitions and Model Rules of European Private Law
1. Auflage 2009
ISBN: 978-3-86653-727-9
Verlag: Otto Schmidt
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)
Draft Common Frame of Reference (DCFR). Outline Edition
E-Book, Englisch, 649 Seiten, Gewicht: 10 g
ISBN: 978-3-86653-727-9
Verlag: Otto Schmidt
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)
A year ago, the "Draft Common Frame of Reference" was published for the first time in an interim outline edition. Now we proudly present the final outline edition of the DCFR. - revision of the already published text to take account of the public discussion
- major new topics covered
- an additional section on the principles underlying the model rules
- revised and expanded list of definitions The six-volume full edition of the DCFR including all comments and notes will be published in October 2009.
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
1;Table of contents;6
2;Introduction;8
3;Academic contributors and funders;54
4;Principles;64
5;Table of Destinations;108
6;Table of Derivations;120
7;Model Rules;138
8;Book I. General provisions;184
9;Book II. Contracts and other juridical acts;190
10;Book III. Obligations and corresponding rights;236
11;Book IV. Specific contracts and the rights and obligations arising from them;284
12;Book V. Benevolent intervention in another’s affairs;398
13;Book VI. Non-contractual liability arising out of damage caused to another;402
14;Book VII. Unjustified enrichment;420
15;Book VIII. Acquisition and loss of ownership of goods;428
16;Book IX. Proprietary security in movable assets;454
17;Book X. Trusts;508
18;Annex. Definitions;552
19;Index;578
Contents of the DCFR (Seite 9)
9. Principles, definitions and model rules. The DCFR contains ‘principles, definitions and model rules’. The title of this book thus follows the scheme set out in the European Commission’s communications (referred to below in paragraph 59) and in our contract with the Commission. The notion of ‘definitions’ is reasonably clear. The notions of ‘principles’ and ‘model rules’, however, appear to overlap and require some explanation.
10. Meaning of ‘principles’. The European Commission’s communications concerning the CFR do not elaborate on the concept of ‘principles’. The word is susceptible to different interpretations. It is sometimes used, in the present context, as a synonym for rules which do not have the force of law. This is how it appears to be used, for example, in the ‘Principles’ of European Contract Law (PECL), which referred to themselves in article 1:101(1) as ‘Principles ... intended to be applied as general rules of contract law in the European Union’ (italics added). The word appears to be used in a similar sense in the Unidroit Principles of International Commercial Contracts. In this sense the DCFR can be said to consist of principles and definitions. It is essentially of the same nature as those other instruments in relation to which the word ‘principles’ has become familiar. Alternatively, the word ‘principles’ might be reserved for those rules which are of a more general nature, such as those on freedom of contract or good faith. In this sense the DCFR’s model rules could be said to include principles. However, in the following paragraphs we explore a third meaning.
11. Fundamental principles. The word ‘principles’ surfaces occasionally in the Commission communications mentioned already, but with the prefix ‘fundamental’ attached. That suggests that it may have been meant to denote essentially abstract basic values. The model rules of course build on such fundamental principles in any event, whether they are stated or not. There can be no doubt about their importance. Private law is one of those fields of law which are, or at least should be, based on and guided by deep-rooted principles. To some extent such fundamental principles are a matter of interpretation and debate. It is clear that the DCFR does not perceive private law, and in particular contract law, as merely the balancing of private law relations between equally strong natural and legal persons. But different readers may have different interpretations of, and views on, the extent to which the DCFR suggests the correction of market failures or contains elements of ‘social justice’ and protection for weaker parties.
