Draft Common Frame of Reference and Other European Developments.

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Presentation transcript:

Draft Common Frame of Reference and Other European Developments

 Time of General Transition – Decisive Steps for Further Development of the Private Law in Europe  The Idea Of The Common Frame Of Reference  An Academic Project  A Political Project

 The Academic Draft of the Common Frame of Reference  The Idea of a „Restatement” or a Code?  The Interim Outline Edition of the Common Frame of Reference

 Roads to the Draft Common Frame of Reference  The Lando Group and the Principles of European Contract Law  The Comparative Model of the Rule – Making  Is the PECL a Restatement of the European Law?  The Common Rules or the Best Rules

 The Study Group on European Civil Code  Continuation of the Lando – Group  Beyond the Boundaries of the Contract Law  Specific Contracts  Tort Law  Secured Transactions in Movables  Transfer of Property  Benevolent Intervention and Unjustified Enrichment

 PECL and acquis communautaire – a deficit  Consumer Law Compendium  The Idea of the Acquis Group (Research Group on Existing Principles of European Private Law)  The Acquis Principles – a „Restatement” of the splitted acquis communautaire  A Coherent Set of the Acquis – Rules. A Problem of Generalization of the specific acquis rules  The Idea for a new Structure – Towards a New Systematic (The Mirror – Structure)  Acquis Principles – Interim Edition and Further Development

 Revised PECL + other Works of the Study Group + Acquis Principles = Draft Common Frame of Reference  Drafting and Compilation Team on The Common Frame of Reference  Discussion on the DCFR  The optional Instruments and the Idea of the „Blue Button” of Hans Schulte – Noelke

 The Political Development  The Horizontal Directive is going to come!  Horizontal Directive – a Question of the Maximum Harmonization – the consequences for the Codified Systems  The „Political Draft Common Frame of Reference”

 Other Projects on the European Private Law Harmonization  Work of „Evaluation Teams”  Economic Assesment Group  „Projet de Cadre Commun de Référence”  Terminologie Contractuelle Commune  Principies Contractuels Communs

 The Project of the Gandolfi – Group  The „Common Core” Project  The Casebook Project

 The academic next steps  The Idea of the European Law Institute

 