European Private Law after the Common Frame of Reference

European Private Law after the Common Frame of Reference

Edited by Hans-W. Micklitz and Fabrizio Cafaggi

This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century. The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts.

Introduction

Hans-W Micklitz and Fabrizio Cafaggi

Subjects: law - academic, european law

Extract

Hans-W. Micklitz and Fabrizio Cafaggi I. AFTER THE CFR – A PLEA FOR A SECOND GENERATION OF RESEARCH The heading of the book reflects the future programme of research in European private law. The draft version of the so-called ‘Academic’ Draft Common Frame of Reference1 is not even two years old and it seems as if at least the ‘Political’ Draft Common Frame of Reference is dead. The mandate of the European Parliament and the European Commission has expired in 2009 and no one knows to what extent the then elected new European Parliament is again willing to push the European Commission to transform the Academic DCFR into a political tool. What remains, however, is the academic input from the study group and the acquis group, merged in the DCFR. The DCFR and the authors deserve respect and praise for having accomplished such a huge task in such a short time. The DCFR contributed to change the legal landscape in European private law. One might even go as far as arguing that there is a particular European legal field.2 The most far-reaching importance of the DCFR is only about to become clear. The DCFR has established a network of more than 200 researchers who will continue to enrich academic exchange far beyond the mandate given by the European Commission, in particular in Eastern Europe.3 The set of rules laid down in the DCFR are a most valuable tool for interesting solutions. Each and every researcher working in that field will have...