Details
- Represents a landmark in legal scholarship on European legal history and comparative law
- Offers an exhaustive bibliography of primary legal materials alongside comparative analysis, providing the most comprehensive resource available for researchers in European law and legal history
- Commissioned by the EU itself, the study will form a central part in all future discussions of legal harmonisation within the EU
- Provides a major authority for the interpretation of future EU provisions on private law, essential reading to practitioners working in the EU legal system
A major authority for the future development of European Private Law
This landmark reference work marks the culmination of over 20 years' research into the history and potential future of European private law. An international team of researchers have analysed the diverse national traditions of private law to compile a codified set of principles of European law for the law of obligations and core aspects of the law of property - known as the Draft Common Frame of Reference.
This full edition of the reference work comes complete with all the scholarly apparatus needed to interpret the principles. Full commentary is provided on the text of the 'draft common frame of reference', together with references to and comparative analysis of all the national legal materials used as a basis of the text.
The complete work will form a central reference point for all future discussion of the harmonisation of European private law, and the interpretation of EU measures in the field. It also represents a major reference work in its own right, offering the fullest resource available on European private law, invaluable for researchers in comparative law and European legal history.
VOLUME 1
Preface by the general editors
Introduction
Principles
Definitions
Model rules
Book I General Provisions
Book II Contracts and other juridical acts
Book III Obligations and corresponding rights
1: General
2: Performance
3: Remedies for non-performance
4: Plurality of debtors and creditors
5: Change of parties
VOLUME 2
6: Set-off and merger
7: Prescription
Book IV Specific contracts and the rights and obligations arising from them
A: Sales
B: Lease of goods
C: Services
VOLUME 3
D: Mandate contracts
E: Commercial agency, franchise and distributorship
F: Loan contracts
G: Personal security
H: Donation
Book V Benevolent intervention in another's affairs
Book VI Non-contractual liability arising out of damage caused to another
1: Fundamental Provisions
VOLUME 4
2: Legally relevant damage
3: Accountability
4: Causation
5: Defences
6: Remedies
7: Ancillary rules
Book VII Unjustified enrichment
1: General
2: When enrichment unjustified
3: Enrichment and disadvantage
VOLUME 5
4: Attribution
5: Reversal of enrichment
6: Defences
7: Relation to other legal rules
Book VIII Acquisition and loss of ownership of goods
VOLUME 6
Book IX Proprietary security in movable assets
Book X Trusts
Table of destinations and derivations
Table of treaties and EC legislation
Table of codes and statutes
Table of ECJ, ECHR, UK and Irish cases
Edited by Christian von Bar, Professor of Law at the Universität Osnabrück., and Eric Clive, Visiting Professor, University of Edinburgh School of Law
"Even if the institutions of the European Union decide not to use the Draft Common Frame of Reference (DCFR) as the basis for a soft law instrument to guide legislators and judges in the development of European Private law, this work will provide an invaluable starting point for all studies of comparative private law in the future" - Hugh Collins, London School of Economics, European Law Review 35
"The Full Edition...is a colossal achievement" - The Edinburgh Law Review
