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Somma, Alessandro --- "Towards a European Private Law? The Common Frame of Reference in the Conflict between EC Law and National Laws" [2010] ELECD 217; in Micklitz, Hans-W.; Cafaggi, Fabrizio (eds), "European Private Law after the Common Frame of Reference" (Edward Elgar Publishing, 2010)

Book Title: European Private Law after the Common Frame of Reference

Editor(s): Micklitz, Hans-W.; Cafaggi, Fabrizio

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848444072

Section: Chapter 1

Section Title: Towards a European Private Law? The Common Frame of Reference in the Conflict between EC Law and National Laws

Author(s): Somma, Alessandro

Number of pages: 23

Extract:

1. Towards a European private law? The
Common Frame of Reference in the
conflict between EC law and national
laws
Alessandro Somma

1. ACADEMICS AND STAKEHOLDERS IN THE
MAKING OF EUROPEAN PRIVATE LAW
About three years ago, the European Commission appointed an international
network of research groups (Joint Network on European Private Law) to
develop `a Common Frame of Reference for European Contract Law' (Cfr),
expected to be presented in the form of a `draft' (Dcfr). The aim is to provide
`principles, definitions and model rules', identified by `taking into account
national laws', including both case law and established practice, as well as `the
EC acquis and relevant international instruments' (FP 6 ­ Contract n. 513351).
The Cfr will assist in the improvement of `the quality of legislation already
in place' towards `a modernisation of existing instruments' and may form the
basis of an `optional instrument not limited to particular sectors', which would
provide parties to a contract with `a modern body of rules particularly adapted
to cross-border contracts in the internal market' (COM(2001)398 final and
COM(2003)68 final). Its immediate purpose is to act as a `guide or tool box'
for the EC legislator in the revision of the acquis (Von Bar et al., 2008a, p. 37).
The Cfr will also contribute to the making of a European legal science,
something which is considered by many an essential condition for the devel-
opment of European private law.
The first results are now available in an interim ...