Draft of Common

Frame of
Reference(DCFR)

1
 INTRODUCTION
• Background of the DCFR [page 3]
• Background and content of ECC Outcome: CFR
[page 4]
• Distinction between CFR and DCFR [page 5]

DEVELOPMENT

Index • European Bodies and DCFR [pages 6-8]

• Content of DCFR [page 9]
• Structure of DCFR [page 10]
• Purpose of DCFR [page 11]
• Criticism against ECC [page 12]

CONCLUSION

2
 ➢ The Draft of Common Frame of Reference is a set of rules with
soft law character, produced by two groups under the auspices
of the European institutions. 

Background ➢  There’s a long process which took place in order to reach the
DCFR which arose:
of DCFR ▪️By the introduction of the European Civil Code
▪️By the elaboration of the Common Frame of Reference
which form the basis for further reflection as an “optional
instrument” and to its consequent DCFR. 

3
 ➢ The European civil code (ECC) is a proposed harmonization document
of private law across the European Union which deals with the core
areas of private law. One of the major areas suggested is the Contract
Law.
➢ The proponents of a European code of contract law have been divided
into two groups:

Background law.
▪️Aquis Communautaire as the basis of a unified European contract

and content
▪️A foundation in the field of comparative law and analysis of
the domestic contract law of member states of the EU.
Both options were provided on the 11th of July 2001 for in the
of ECC Commission of European Communities 2001 Communication on
European contract law.
➢ Following the review of submissions on the Communication, the
Commission released an “Action Plan“ aiming for a more coherent
European contract law in 2003. The Action Plan began the process of
creating what is known as the Common Frame of Reference (CFR).

4
 ➢ DCFR and CFR has to be distinguished:
▪️The DCFR was an initiative taken by the European
Commission in 2009 and was put into effect by the study group
on European Civil Code and the acquis group.
Distinction ▪️It is an academic reference project containing principles,

between CFR definitions and standard rules with soft law character of
European private law in a provisional version.

and DCFR ▪️The CFR must be the final 'political' legislative act, that
had eventually to enter into force within the EU.
➢ After the DCFR's publication, the EU institutions didn't pursue
the goal to create a binding common frame of reference in
private law. Nevertheless, the CFR stays still in a 'draft' level. 

5
 The bodies involved are:
▫️the European Commission
▫️the European Council
▫️the European Parliament

European ⚜️The European Commission identified two main strategies for the
revision of the consumer acquis:
▪️a vertical approach with the individual revision of the

Bodies and
existing directives
▪️a horizontal approach with the adoption of one or more
framework instruments to regulate common features of the
acquis, underpinned whenever necessary by sectoral rules.

DCFR Finally, the European commission chose to an adopt the horizontal

legislative instrument which focused on four directives: 
1.
2.
Contracts negotiated away from business premised
Unfair terms in consumer contracts
3. Distance contracts
4. Consumer sales and guarantees
The latter proposal moves from a minimum harmonization to a full
harmonization applied both within and beyond the state.

6
European Commission:
➢ An Expert Group on a CFR comprised of twenty members was set
within the area of European Contract Law by the Directorate
General of Justice, freedom and security and acted as for the
public’s interest.
It focused on three categories: 
• Scientific and research organizations
• Legal practitioners
• Experts representing the civil society. 
➢ The group’s task was to assist the Commission in preparing a
proposal for CFR which:
• Selects parts of CFR that are relevant to the contract law
• Restructures, revises and supplements the selected contents
of the DCFR.
➢ Consultation: For instance, the commission may consult the group
on any matter relating to the preparation of a proposal for a CFR in
the area of European Contract Law.

7
⚜️ The European Council welcomes the review of the consumer
Acquis and it emphasizes: 
▪️The focus on practical issues
▪️The need for the consumer Acquis to be fit for purpose,
protect the legal and economic interests and the rights of
consumers.
⚜️ The European Parliament supports an approach for CFR
contract law issues going beyond the consumer protection field
and deals with: 
• calls on the commission gives, the representatives of
practice-based interests, more time to compare and
discuss the complex substance.
• organizations which appear on behalf of the interest
groups in the CFR-net to be able to decide for themselves
which representatives take part in the meetings.

8
 ➢ It’s a compilation of principles, definition and
model rules of European private law in an
Content of DCFR outline edition as part of the obligation to the
European Commission undertaken by this two
groups of scholars in 2005. Its final version was
presented and made a publicly accessible
document, as a set of regulations comprised of
10 books dealing with certain topics such as:
the contract law, obligations ex delicto,
obligations quasi delicto.
➢ Aim: to meet the needs and expectations of the
economic operators in an internal market. It can
be used in the area of contract law when
existing acquis is reviewed.

9
 The division is split into three parts:
Structure of DCFR ❖ Common fundamental principles of contract law: The
word "principle" has two main interpretations:
📍A synonym for rules which do not have the
force of law. 
📍Norms that have a more general nature.

❖ Definitions and key concepts in contract law: gives

suggestions for the development of a uniform European
legal terminology.

❖ Model rules: The adjective “model” indicates that the

rules are of soft law character as similar as the ones
contained in the PECL and other publications of this
genre.

1
0
Purpose
• The DCFR is a possible model for an actual or
“political” CFR and will stand on its own and
retain its significance whatever happens in
relation to a CFR itself.
• It is hoped that the DCFR will promote
knowledge of private law in the jurisdictions of
the European Union and will be seen outside
the academic world, as a text from which
inspiration can be gained for suitable solutions
for private law questions.

1
1
 Criticism against ECC
• A strong opponent of a European civil code was Pierre Legrand
who presents his arguments by saying that it would be “arrogant”
to promote the adoption of a European civil code as the civilian
representation of the world is seen so superior that it deserves to
supersede the common law’s worldview. 
• French authors were contrary to adopt a European civil code
because the French civil code is:
- a monument of the French law
-the representation of the unity of France.
• In a “Manifesto” elaborated by a study group on social justice in
European private law, was depicted the criticism in which the
European commission adopted its action plan and was stated the
fact that topics concerning social justice and European identity
were always denied by the commission within this action plan
due to the fact that the agenda of European contract law gave
more attention to political questions that drift far away beyond the
details of measures regarding negative integration.
• The draft tended to “materialize” private law through its
statements. For this, contract law was finally seen as regulatory
ius cogens and not as a law which provided rules.

12
 The procedure carried out to develop the DCFR was long
but worth it.

The proposal went back and forth through different

European bodies from the European bodies to
Conclusion determine different key factors such as: the duration of
the project, research outlines, the stakeholders and who
was going to finance the procedure.

The DCFR and European Civil Code received many critics

such from Pierre Legrand, French authors and German
scholars. Through the criticisms, some statements were
removed while others were adapted to the agenda and
public’s wish.
13
• Overall, COPECL successfully elaborated the
DCFR for European contract law, overcame
research fragmentation and provided support to
legislators, lawyers and academics.
• However, DCFR didn’t achieve broader results as
it kept itself just as an “academic” document,
committed to the precepts of scholarship rather
than politics.
• The text is nothing less than the draft of the
central components of a European Civil Code
whose only result is the fact that it remained
just as a soft-law character source. 

14
 We thank you for the attention!
•Greta Piola
•Cynthia Ikirezi
•Sera Raji
•Sara Hiruni Fernando Warnakulasuriya