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The Emergence of EU Contract LawExploring Europeanization$
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Lucinda Miller

Print publication date: 2011

Print ISBN-13: 9780199606627

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199606627.001.0001

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A Way Forward for European Contract Law?

A Way Forward for European Contract Law?

Chapter:
(p.106) 4 A Way Forward for European Contract Law?
Source:
The Emergence of EU Contract Law
Author(s):

Lucinda Miller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606627.003.0004

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

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