European Private Law: Overview of DCFR Structure & Core Aims

1. Dr hab. Fryderyk Zoll, Professor at the JU and ALK Draft Common Frame of Reference Structure of the Draft – an Introduction

2. 7 Booksalreadypublished • Further 3 are to be publishedsoon • Book I General provisions – but not a general part • Book II Contracts and otherjuridicalact – the problem of thelevel of abstraction. Thenotion of „juridicalact” • Party Autonomy and thecoreaims of Europeanprivate law DCFR - Structure

3. Justice • Freedom • Protection of Human Rights • Economic Welfare • Solidarity and Social Responsibility • Promotion of the Internal Market • Preservation of Cultural and Linguistic Plurality DCFR – Structure and CoreAims of theEuropeanPrivate Law

4. Formal (Methodological) Aims • Rationality • Legal Certainity • Predictability • Efficiency Debate on thevalues and aims of theEuropeanprivate law. Differentunderstanding of freedom and justice Structure and Aims of the DCFR

5. The general doctrine on judicial act • Notice and Form • Question of Mixed Contract. Problem of regulation of specific contracts • Non – discrimination law as a part of law of contracts • Marketing and pre-contractual duties • Debate on pre – contractual information duties DCFR - Structure

6. Formation of contracts • Offer and acceptance • Unilatera juridical acts • Right of withdrawal – acquis communautaire in the DCFR • Representation DCFR - Structure

7. Grounds for invalidity • Initial impossibility is not a reason for invalidity of the contract • Vitated consent or intention • Mistake • Coercion or threats • Contract infringing mandatory principles • Contract infringing mandatory rules DCFR - Structure

8. Interpretation of contracts and otherjuridicalacts • Content of contract • Terms of contract • Pre-contractualstatementsregarded as contractterms • Standard terms • Unfairterms DCFR - Structure

9. Book III – Obligations and correspondingrights • Goodfaith and fair dealingin DCFR • Performance • Remedies for non – performance • Excuse • Notification of non – performance • Cure by thedebtor of non – conforming performance DCFR – Structure

10. Right to enforce performance (Specific performance) • Witholding performance • Termination • Termination for fundamental non – performance • Terminationafternoticefixingadditional time for performance • Termination for anticipated non - performance DCFR - Structure

11. Price reduction • Damages Plurality of debtors and creditors Transfer of rights and obligations Set – off and merger Prescritpion DCFR -Structure

12. Book IV Specificcontracts • Sales • Lease of goods • Services • Mandate • Commercial agency, franchise and distributorship • Loans • Personal Security DCFR - Structure

13. Book V – Benevolent intervention in another’s affairs • Book VI – Non – contractual liability arising out of damage caused to another • Book VII – Unjustified enrichment • Books which are not published yet: Transfer of property, Donations and Secured Transactions in Movables DCFR - Structure