Table of Contents

Theory and Practice of Harmonisation

Theory and Practice of Harmonisation

Edited by Mads Andenas and Camilla Baasch Andersen

Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation.

Chapter 6: The Draft Academic Common Frame of Reference and the ‘Toolbox’

Hugh Beale

Subjects: asian studies, asian law, law - academic, asian law, european law


*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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