Chapter 6: The Draft Academic Common Frame of Reference and the ‘Toolbox’
*1 Hugh Beale2 In October 2009 the Draft Common Frame of Reference3 (DCFR) was published. This was prepared as part of the European Commission’s Action Plan on European Contract Law.4 A much shorter ‘Outline Edition’ had been published in February 2009. In this chapter I comment on the form, coverage, structure and language of the DCFR. I aim to explain that in part the characteristics are the result of the way in which it has been produced, drawing on earlier drafts, but I will argue that with the adaptations that have been made, the DCFR is appropriate for its intended purposes as a ‘toolbox’. The form of the DCFR The shorter book is described as ‘Outline’ because, for the most part, the work contains only one element of the full academic CFR: that is, the series of articles or model rules, together with a list of definitions. The full version also contains an extensive commentary and comparative notes. * Editor’s note: This contribution has been affected by rapid developments in the field, see the Preface on p. xi for details. 1 This chapter draws on earlier published papers: Beale, H (2007), ‘The Purposes of a Common Frame of Reference’, 1 Internationaler Rechtsverkehr 25–30 and Beale, H (2007), ‘The Structure and the Legal Values of the CFR’ in 3 ERCL 257, 269–72. 2 Professor of Law, University of Warwick. I was a member of the Commission on European Contract law 1987–2000, a member of the Co-ordinating Committee of the...
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