Edited by Hans-W. Micklitz and Fabrizio Cafaggi
Chapter 6: The Empirical Missing Links in the Draft Common Frame of Reference
* Fernando Gomez 1. INTRODUCTION The Principles, Definitions and Model Rules of European Private Law, known as the Draft Common Frame of Reference (‘DCFR’)1 constitute the impressive output of an important academic and legal endeavour in the field of private law and, in particular, of contract law,2 in the European context. Although largely academic in inspiration and spirit, and almost entirely in manufacture, the DCFR is not the typical academic product: it is not a commentary, treatise, collection of essays or papers devoted to European contract law or to contract law generally. It is a body of proposed model rules, accompanied3 by a set of standard terms, or definitions, to facilitate comprehension, use and application, which may eventually govern real-world behaviour of individuals or firms or, at least, influence real-world law-makers in the drafting of rules which will directly govern the behaviour of economic agents in society. Law, understood as the set of social institutions ruling behaviour in organised and purposeful ways, and not as an academic discipline or field for intellectual scrutiny, and private law in particular, are essentially practical or * I am grateful to participants at a workshop on the DCFR at the European University Institute for helpful discussions of the ideas reflected in the chapter, to the Spanish Ministry of Innovation and Science for financial support, under grants SEJ2007-60503 and SEJ2006-10041, and to Marian Gili for excellent research assistantship. 1 All references will be made to the Interim Outline Edition of the DCFR, published by Sellier,...
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