The Draft Common Frame of Reference: national and comparative perspectives

The Draft Common Frame of Reference is the result of more than 25 years of academic research on European private law, and was published in October 2009. Against this background, this book presents and critically analyses the DCFR, and situates it in relation to current Belgian and European private law.
Author(s):
Vincent Sagaert, Matthias E. Storme, Evelyne Terryn
Series:
Ius Commune Europaeum
Volume:
99
book | published | 1st edition
February 2012 | xix + 506 pp.

Paperback
€100.-


ISBN 9789400002166


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Details

The Draft Common Frame of Reference is the result of more than 25 years of academic research on European private law, and was published in October 2009. Against this background, this book presents and critically analyses the DCFR, and situates it in relation to current Belgian and European private law.

The issues discussed include i.a. contracts and other juridical acts, obligations and corresponding rights, multi-party relationships, interpretation of contracts, non-contractual liability, tort law, property law, security rights and transfer of movables, sales agreements and specific contracts such as commercial agency, franchise and distributorship, etc.

This is a unique and challenging book, one that has few to compare it to as it deals with important issues and evolutions in a directive and focused manner. Recommended and invaluable reading for both academics and lawyers who like to disrupt their own thinking and learn more by being challenged than having their beliefs confirmed.

With contributions of Bram Akkermans, Christian von Bar, Odavia Bueno Díaz, Ignace Claeys, Eric Clive, Julie Del Corral, Tâm Dang Vu, Eric Dirix, Wolfgang Faber, Wouter den Hollander, Marco B.M. Loos, Rodrigo Momberg Uribe, Gerhard Dannemann, Robert Hardy, Pieterjan Naeyaert, Denis Philippe, Vincent Sagaert, Ilse Samoy, Reiner Schulze, Matthias E. Storme, Koen Swinnen, Willem Swinnen, Evelyne Terryn, Bernard Tilleman, Anna Veneziano and Patrick Wéry.

About this book
‘[this book] provides worthwhile reading not only for the Belgian lawyer, but also for all European lawyers. Indeed it is perhaps exactly because of these diversities that the book provides an interesting intellectual exercise that is crucial for the development of a European legal scholarship in this area.’
Francesca Fiorentini in European Law Review 726 (2013)

Chapters

Table of Contents (p. 0)

PART I. GENERAL PRESENTATION OF THE DRAFT COMMON FRAME OF REFERENCE

The Draft Common Frame of Reference: scope and purpose (p. 1)

PART II. CONTRACTS AND OTHER JURIDICAL ACTS IN THE DCFR

Contracts and other juridical acts in the DCFR (p. 7)

Book II, “Contracts and other juridical acts”, of the Draft Common Frame of Reference from a Belgian perspective (p. 21)

PART III. OBLIGATIONS AND CORRESPONDING RIGHTS UNDER THE DCFR

Book III performance and non-performance of obligations and corresponding rights in the DCFR (p. 31)

Performance and non-performance in the DCFR. Perspectives from the Belgian law (p. 53)

The effects of a change of circumstances in the DCFR. A critical assessment (p. 113)

Multi-party relationships in the DCFR (p. 133)

The structure of the law on multi-party situations in the 2009 Draft Common Frame of Reference and Belgian law (p. 147)

The DCFR rules on contract interpretation: efficient defaults? (p. 201)

PART IV. NON-CONTRACTUAL LIABILITY ARISING OUT OF DAMAGE CAUSED TO ANOTHER IN THE DCFR

Non-contractual liability arising out of damage caused to another in the DCFR (p. 219)

The draft tort rules of the DCFR: a Belgian law perspective (p. 231)

Tort law and the violation of statutory provisions (p. 241)

PART V. PROPERTY LAW IN THE DCFR

The role of the (D)CFR in the making of European property law (p. 261)

Property law accessories under the DCFR (p. 289)

Security rights in movables in the DCFR: general presentation (p. 303)

Security rights in the DCFR from a Belgian perspective (p. 313)

Book VIII DCFR on acquisition and loss of ownership of goods (p. 321)

Acquisition of ownership of goods in the DCFR: a Belgian perspective (p. 343)

PART VI. SPECIFIC CONTRACTS IN THE DCFR

Commercial agency, franchise and distributorship in the DCFR (p. 383)

Commercial agency, franchise and distribution contracts in the DCFR: perspectives from the Belgian law on agency, franchise and distributorship (p. 417)

Sales law in the DCFR (p. 451)

Optional European contract law as a means to adjust our fragmented domestic sales law (p. 491)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


More about this series