Common Frame of Reference for Common Principles of European Contract Law

The Joint Network on European Private Law. By the end of 2008 this network will deliver a proposal for the so-called “Common Frame of Reference” containing the “Common Principles of European Contract Law” (CoPECL). The idea was that the Network will deliver a proposal for the “Common Frame of Reference” (CFR) for European contract law as described both in the Commission’s Action Plan (COM [2003] 68 final) and the Commission’s Communication on ‘European Contract Law and the Revision of the Acquis: The Way Forward’ (COM (2004) 651 Final) of 11 October 2004.

The proposal will be presented in the form of principles (“Common Principles of European Contract Law” = CoPECL), including definitions, general concepts and legal rules. They will be supplemented by comments, comparative information and by evaluative analysis including an economic impact assessment, an evaluation of the philosophical underpinnings and the results of several case assessments regarding the applicability of the principles. A first draft of the CoPECL, containing definitions, general concepts and legal rules, will be presented at the end of 2007. The final draft is expected by the end of 2008.

The Joint Network on European Private Law has delivered to the Commission the Draft Common Frame of Reference (DCFR) prepared by the Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group) as well as a set of additional drafts prepared by other participants of the Network, namely the Principles of European Insurance Contract Law by the Project Group Restatement of European Insurance Contract Law (Insurance Group) and works on Terminology, Guiding Principles and a Revision of PECL by the Association Henri Capitant des Amis de la Culture Juridique Française and the Société de Législation Comparée. It is envisaged to publish these drafts in due course.

Recent Documents:

Resolution of the European Parliament
on European Contract Law, 12.12.2007

European Iniciatives:

Cover Note by the Presidency of the European Council (19.07.2008):

Excerpt from the Presidency’s conclusions, among others, with regard to the DCFR…

” […] 20. The European Council underlines the need to rapidly follow up the project to establish a common frame of reference for European contract law. […] ”

Press Release of the Council of the European Union (Justice and Home Affairs, April 18th, 2008)
Excerpt from the full text (which can be obtained from the Homepage of the Council) on European Contract Law

German Presidency of the EU
“Germany supports the goal of the European Commission to examine the provisions of Community private law, particularly consumer contract law, for consistency and coherence. The objective is to establish a European frame of reference containing instructions for consolidating existing legislation and for future legislation. The Presidency will organize a conference on European contract law, providing a discussion platform for legal policymakers, academics and legal practitioners.”
(cf. page 19 of the Presidency Programme, “More legal certainty for citizens and business”)

European Parliament (Committee on Legal Affairs) Hearing: “Common frame of reference: what next in European contract law?”, 21 November 2006

See Also

Principles of European Contract Law (Commision on European Contract Law)
Principles of European Contract Law (Commision on European Contract Law) 2