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Vol 22 No 7 July/August 2017

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The Politics of the Draft Common Frame of Reference

Edited by: Alessandro Somma

ISBN13: 9789041131416
Published: July 2009
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £84.00



Despatched in 10 to 12 days.

Recently, following work supported by the European Commission, the Outline Edition of the Draft Common Frame of Reference (DCFR) concerning European private law was published. However, the Commission’s project has been seriously challenged, right down to its basic perception—that obstacles and disincentives to cross-border transactions caused by excessive national divergence in contract law must be overcome. In particular, the Social Justice Study Group law founded in 2003 has fore fronted critical perspectives based on normative policy. The group focuses on the ‘democratic deficit’ that characterizes the Commission’s approach to European private law.

This collection of essays reflects both the diversity of the group’s work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission’s characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR. Although each essay stresses the author’s particular political and cultural views on the topic, the demand for an involvement of democratic institutions and civil society in the construction of a European private law is common to all.

All the authors are committed to the development of a European identity over the development of the internal market, and to that extent the book may be controversial. As Community initiatives on European private law continue to multiply, this important book takes a significant step toward understanding the participatory procedures that must be taken to protect the multicultural and multilingual society to which European private law is applied, and to clarify in advance the model of social justice on which to build a European contract law.

Subjects:
EU Law

Series: Private Law in European Context

Standard Contract Terms in Europe: A Basis for and a Challenge to European Contract Law ISBN 9789041127846
Published October 2008
Kluwer Law International
£99.00
Constitutional Values and European Contract Law ISBN 9789041127655
Published July 2008
Kluwer Law International
£104.00
Private Law and the Many Cultures of Europe ISBN 9789041125934
Published August 2007
Kluwer Law International
£124.00
Reframing Self-Regulation in European Private Law ISBN 9789041125316
Published December 2006
Kluwer Law International
£119.00
The Politics of a European Civil Code ISBN 9789041124104
Published March 2006
Kluwer Law International
£126.00
The Forthcoming EC Directive on Unfair Commercial Practices
Edited by: Hugh Collins
ISBN 9789041122247
Published February 2004
Kluwer Law International
£123.00
The New European Private Law ISBN 9789041119629
Published October 2002
Kluwer Law International
£111.00
An Academic Green Paper on European Contract Law
ISBN 9789041118530
Published August 2002
Kluwer Law International
£137.00
The Common Core of European Private Law: Essays on the Project ISBN 9789041118523
Published July 2002
Kluwer Law International
£111.00