The Common Frame of Reference as a basis for future harmonisation of the law of sale and lease of goods

Abstract

The topic for today’s discussion is the content of the political frame of reference – how to prioritise. Professor Beale has in his introductory remarks described the purpose of this morning session, which is to discuss the toolbox function and the optional instrument function of the “Principles, Definitions and Model Rules of European Private Law. Draft Common Frame of Reference”, the DCFR, and in this discussion address what topics should be covered and what instruments would be the best model for each of the two purposes. 
The original purpose of the DCFR was, according to the Commission, to provide a guide or, in other words, a toolbox for the legislators. This toolbox, which should provide fundamental principles, definitions and model rules, was already in 2004 intended to be used by the EU Institutions “to improve the quality and coherence of the existing acquis and future legal instruments in the area of contract law” as well as to simplify the acquis. In my view, the DCFR can and should be used for these purposes.