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The Emergence of EU Contract LawExploring Europeanization$
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Lucinda Miller

Print publication date: 2011

Print ISBN-13: 9780199606627

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199606627.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 August 2021

A Way Forward for European Contract Law?

A Way Forward for European Contract Law?

(p.106) 4 A Way Forward for European Contract Law?
The Emergence of EU Contract Law

Lucinda Miller

Oxford University Press

This chapter examines the EU’s broader (non sector-specific) contract law programme. It is primarily concerned with the instrument known as the Common Frame of Reference (CFR) a draft of which has already been published (DCFR). The CFR is bedevilled with ambiguity concerning such things as its function, form, content and constitutional place within the EU legal framework. There is much speculation over whether it will finally emerge as an Optional Instrument, ‘toolbox’ or even as a European Civil Code and the chapter assesses the legal/constitutional implications of each of these functions. It also addresses the processes associated with the CFR’s creation and the consternation over whether the jurist’s prominent role in lawmaking is legitimate. Finally, the chapter explores the relationship between the Consumer Acquis review and the CFR.

Keywords:   Common Frame of Reference (CFR), Optional Instrument, European Civil Code, toolbox, Consumer Acquis review, jurist, legitimacy, competence

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