The opening speech of Swedish State Secretary Magnus G Graner at the conference including:
What is the next step in the project?
How do we proceed?
How should the Community institutions reach consensus on what the frame of reference should be and contain?
What function do we aim at and how does this affect the content?
http://www.se2009.eu/en/meetings_news/2009/10/22/opening_speech_by_state_secretary_magnus_g_graner_at_the_conference_a_common_frame_of_reference_for_european_contract_law
Monday, 26 October 2009
Wednesday, 2 September 2009
Commission communication with sections relating to European Contract Law JUNE 2009
A recent Commission communication on the Stockholm Programme included sections relating to European Contract Law titled:
'Supporting economic activity -The European judicial area should serve to support economic activity in the single market, particularly in a period of crisis.'
"Contractual relations must be put on a more secure footing, as differences between Member States’ legislation in the contract law field can prevent traders from reaping the full benefits of the single market."
"Standard contracts between individuals or small businesses should be drawn up, building on the groundwork already carried out. Use of these contracts would be voluntary, but they would be translated into the different languages and serve as a model for the business world."
"The regulation of business law would help oil the wheels of the internal market. A variety of measures could be considered here: common rules determining the law applicable to matters of company law, insurance contracts and the transfer of claims, and the convergence of national rules on insolvency procedures for banks."
See Pages 13&14 of the document
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0262:FIN:EN:PDF
This is brought to you by Paul Abbiati, a CFR-net expert stakeholder.
'Supporting economic activity -The European judicial area should serve to support economic activity in the single market, particularly in a period of crisis.'
"Contractual relations must be put on a more secure footing, as differences between Member States’ legislation in the contract law field can prevent traders from reaping the full benefits of the single market."
"Standard contracts between individuals or small businesses should be drawn up, building on the groundwork already carried out. Use of these contracts would be voluntary, but they would be translated into the different languages and serve as a model for the business world."
"The regulation of business law would help oil the wheels of the internal market. A variety of measures could be considered here: common rules determining the law applicable to matters of company law, insurance contracts and the transfer of claims, and the convergence of national rules on insolvency procedures for banks."
See Pages 13&14 of the document
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0262:FIN:EN:PDF
This is brought to you by Paul Abbiati, a CFR-net expert stakeholder.
SWEDISH PRESIDENCY CONFERENCE ON A COMMON FRAME OF REFERENCE FOR EUROPEAN CONTRACT LAW - STOCKHOLM ON 22–23 OCTOBER 2009
The Swedish Presidency is organising a conference on the Common Frame of Reference for European Contract law on 22-23 October 2009 in Stockholm. The conference will consider future work on the frame of reference for European contract law focusing on the political way forward and examining the possible content of the political frame of reference.
The Conference website with further details: http://www.se2009.eu/en/meetings_news/2009/10/22/a_common_frame_of_reference_for_european_contract_law
The Swedish EU Presidency website:
http://www.se2009.eu/en
Paul Abbiati, Vice-Chair of the ICC Task Force on EU Contract Law
The Swedish Presidency is organising a conference on the Common Frame of Reference for European Contract law on 22-23 October 2009 in Stockholm. The conference will consider future work on the frame of reference for European contract law focusing on the political way forward and examining the possible content of the political frame of reference.
The Conference website with further details: http://www.se2009.eu/en/meetings_news/2009/10/22/a_common_frame_of_reference_for_european_contract_law
The Swedish EU Presidency website:
http://www.se2009.eu/en
Paul Abbiati, Vice-Chair of the ICC Task Force on EU Contract Law
Monday, 15 June 2009
UK Government strongly opposes any move towards harmonisation of contract law
In July 2009, Lord Bach responded on behalf of The Ministry of Justice re Common Frame of Reference to the letter by Lord Woolf on behalf of the FMLC
His response included that the Government shared many of the concerns of the FMLC and that the Government strongly opposed any move towards harmonisation of contract law.
The letter is available on this page: http://www.fmlc.org/
His response included that the Government shared many of the concerns of the FMLC and that the Government strongly opposed any move towards harmonisation of contract law.
The letter is available on this page: http://www.fmlc.org/
Lord Woolf on behalf of the Financial Markets Law Committee wrote to the UK Ministry of Justice on the CFR, 1 June, 2009
The Common Frame of Reference (the “CFR”) was raised at a meeting of the FMLC (Financial Markets Law Committee) on 2 April 2009. The project is one of a series of initiatives by the European Commission to increase the overall coherence of European contract law. It began largely as an academic exercise and, in December 2007, a first draft of an ‘academic’ Common Frame of Reference (the “DCFR”) was published. Since that time, there has been a great deal of discussion as to whether the DCFR can be used as a model for a political CFR and, indeed, what uses a political CFR would serve. Now that the DCFR is in final form, the FMLC feels it appropriate to express its views on the project to the UK Ministry of Justice.
To see the FMLC's views on the CFR, see Issue 97 below.
Issue 97: European Contract LawLetter from Lord Woolf to Ministry of Justice re Common Frame of Reference - June 2009
This is brought to you by Paul Abbiati, a CFR-net expert stakeholder
Monday, 8 June 2009
COUNCIL OF THE EUROPEAN UNION GUIDELINES ON THE SETTING UP OF A CFR FOR EUROPEAN CONTRACT LAW
The EU is currently exploring options for the creation of a Common Frame of Reference for European Contract Law. The aim is to agree at least on:
1) certain definitions
2) fundamental principles, such as contractual freedom, and
3) the development of “model rules”.
CFR Fundamental Principles
Of the principles that might apply throughout a contractual relationship the following are mentioned in the recent Council documents:
-the principle of freedom of contract (party autonomy)
-the principle of legal certainty in contractual matters which includes, inter alia,
-the binding force of the contract (pacta sunt servanda)
-the principle of fair dealing which includes, inter alia,
-the principles of good faith and
-of reasonable behaviour.
The CFR Guidelines
On 5 June 2009 The Justice and Home Affairs Council adopted a series of guidelines
The CFR’s Form The guidelines that the Council, the European Parliament and the Commission will use will be a source of inspiration for the adoption or revision of legislative texts.
So,the form of the CFR will not be a binding instrument.
Press Release on the CFR Guidelines: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/108340.pdf
This information is presented to you by Paul Abbiati, an official CFR-net stakeholder: law@abbiati.co.uk, June 2009
The EU is currently exploring options for the creation of a Common Frame of Reference for European Contract Law. The aim is to agree at least on:
1) certain definitions
2) fundamental principles, such as contractual freedom, and
3) the development of “model rules”.
CFR Fundamental Principles
Of the principles that might apply throughout a contractual relationship the following are mentioned in the recent Council documents:
-the principle of freedom of contract (party autonomy)
-the principle of legal certainty in contractual matters which includes, inter alia,
-the binding force of the contract (pacta sunt servanda)
-the principle of fair dealing which includes, inter alia,
-the principles of good faith and
-of reasonable behaviour.
The CFR Guidelines
On 5 June 2009 The Justice and Home Affairs Council adopted a series of guidelines
The CFR’s Form The guidelines that the Council, the European Parliament and the Commission will use will be a source of inspiration for the adoption or revision of legislative texts.
So,the form of the CFR will not be a binding instrument.
Press Release on the CFR Guidelines: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/108340.pdf
This information is presented to you by Paul Abbiati, an official CFR-net stakeholder: law@abbiati.co.uk, June 2009
Wednesday, 13 May 2009
Common Frame of Reference Update May 2009
National Ministries of Justice are still awaiting the EU Commission's proposal for a political CFR.
The Project has been transferred to the "Justice" Directorate of the Commission. The relevant Commissioner has indicated that the DG will conduct a complete review of the work done to date but, the time frame for this is not yet known.
Some National Ministries of Justice including the UK have particular concerns regarding the usefulness of the academic CFR as a basis for a political CFR.
This update is brought to you by Paul Abbiati, a PMMS Legal Consultant www.pmms-group.com and the Vice-Chair of The ICC (International Chamber of Commerce) Task Force on EU Contract Law
The Project has been transferred to the "Justice" Directorate of the Commission. The relevant Commissioner has indicated that the DG will conduct a complete review of the work done to date but, the time frame for this is not yet known.
Some National Ministries of Justice including the UK have particular concerns regarding the usefulness of the academic CFR as a basis for a political CFR.
This update is brought to you by Paul Abbiati, a PMMS Legal Consultant www.pmms-group.com and the Vice-Chair of The ICC (International Chamber of Commerce) Task Force on EU Contract Law
Tuesday, 17 March 2009
European Commission asked to give evidence to the House of Lords Parliamentary Scrutiny Committee on 25 March 2009
A transcript of the evidence given will be provided and then distributed by the UK Ministry of Justice to UK stakeholders
Critical view of the Acquis Principles and their inclusion in the DCFR
An academic paper that takes a critical view of the Acquis Principles and their inclusion in the DCFR is available (for purchase) via the attached link.
The paper is by Christian Twigg-Flesner, and is entitled "The Acquis Principles: An Insider's Critical Reflections on the Drafting Process(November 20, 2008). It is available at SSRN: http://ssrn.com/abstract=1342713
Civil Law Committee Meeting Brussels 19 February, 2009
A meeting of the Civil Law Committee took place in Brussels on 19 February.
This update is brought to you by Paul Abbiati, a PMMS Legal Consultant www.pmms-group.com and the Vice-Chair of The ICC (International Chamber of Commerce) Task Force on EU Contract Law
A transcript of the evidence given will be provided and then distributed by the UK Ministry of Justice to UK stakeholders
Critical view of the Acquis Principles and their inclusion in the DCFR
An academic paper that takes a critical view of the Acquis Principles and their inclusion in the DCFR is available (for purchase) via the attached link.
The paper is by Christian Twigg-Flesner, and is entitled "The Acquis Principles: An Insider's Critical Reflections on the Drafting Process(November 20, 2008). It is available at SSRN: http://ssrn.com/abstract=1342713
Civil Law Committee Meeting Brussels 19 February, 2009
A meeting of the Civil Law Committee took place in Brussels on 19 February.
This update is brought to you by Paul Abbiati, a PMMS Legal Consultant www.pmms-group.com and the Vice-Chair of The ICC (International Chamber of Commerce) Task Force on EU Contract Law
Monday, 9 February 2009
CFR: UK Government Report, February 2009
The final report of Professor Simon Whittaker in relation to an assessment that he carried out on behalf of the UK Ministry of Justice into the Academic CFR (the DCFR) is now available to UK stakeholders.
http://www.justice.gov.uk:80/publications/eu-contract-law-common-frame-reference.htm
The final report of Professor Simon Whittaker in relation to an assessment that he carried out on behalf of the UK Ministry of Justice into the Academic CFR (the DCFR) is now available to UK stakeholders.
http://www.justice.gov.uk:80/publications/eu-contract-law-common-frame-reference.htm
Wednesday, 21 January 2009
Academic CFR - Revised version published (end of 2008)
A new version of the Draft Common Frame of Reference (DCFR) prepared by the Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group) has been published. It will be available on the EU ‘CIRCA’ database soon.
An economically priced outline edition will again be published in print (March 2009 at the latest) and can be obtained at www.sellier.de. The “full version” (which includes commentary and comparative notes on each article) will be published in book form in October 2009, and again can be obtained at www.sellier.de.
Academic CFR - Professor Simon Whittaker's report to the UK Ministry of Justice (MOJ)
The MOJ aim to publish this on their website (160 pages). In summary, Professor Whittaker has concluded that the academic CFR, as it currently stands, is not suitable to be used either as a ‘toolbox’ or guidelines for the legislator or an optional pan-European contract law code (‘an optional instrument ’). Professor Whittaker has acknowledged, however, that there is a role for a CFR of some kind to improve the quality of legislation by providing legislators with guidelines or a ‘toolbox’.
A new version of the Draft Common Frame of Reference (DCFR) prepared by the Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group) has been published. It will be available on the EU ‘CIRCA’ database soon.
An economically priced outline edition will again be published in print (March 2009 at the latest) and can be obtained at www.sellier.de. The “full version” (which includes commentary and comparative notes on each article) will be published in book form in October 2009, and again can be obtained at www.sellier.de.
Academic CFR - Professor Simon Whittaker's report to the UK Ministry of Justice (MOJ)
The MOJ aim to publish this on their website (160 pages). In summary, Professor Whittaker has concluded that the academic CFR, as it currently stands, is not suitable to be used either as a ‘toolbox’ or guidelines for the legislator or an optional pan-European contract law code (‘an optional instrument ’). Professor Whittaker has acknowledged, however, that there is a role for a CFR of some kind to improve the quality of legislation by providing legislators with guidelines or a ‘toolbox’.
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