The Common Frame of Reference on European Contract Law in the Context of English and German Law

2008年4月18日，欧洲联盟理事会核可了《欧洲合同法共同参考框架》的建立。CFR是合同法领域的一套定义、一般原则和示范规则。它的主要目的是作为更好地立法的工具，应该指导立法者。它还可以构成直接适用的合同法规则的基础，或许可以采取任择文书的形式。从长远来看，它甚至可能成为未来欧洲民法典的基础。目前的研究建议着眼于这一CFR与欧盟成员国法律之间的关系，以德国和英国的法律为例。本章将探讨这些规则如何与其运作的法律的环境相互作用，《联邦法规》规则必须与《联邦法规》范围以外的国内合同法规则相吻合，并与国内财产法、侵权法和不当得利法相吻合。它们必须在不同的程序法范围内运作。CFR还将作为成员国立法和法官制定的合同法改革的尺度，并将影响国内合同规则的解释。一个可选的文书可以允许消费者通过点击蓝色按钮，为他们与企业的电子远程销售合同选择基于CFR的规则。案例研究旨在调查这将对其他规则产生的广泛影响，例如管辖权、法律选择、财产法、不公平竞争法以及控制标准条款的集体诉讼。

On 18 April 2008, the Council of the European Union endorsed the creation of a Common Frame of Reference on European Contract Law (CFR). The CFR is a set of definitions, general principles and model rules in the field of contract law . It is primarily intended as a tool for better lawmaking , which should guide the legislator. It could furthermore form the basis of directly applicable rules on contract law, perhaps in the form of an optional instrument. In the long run, it might even serve as the basis of a future European Civil Code.The present research proposal looks at the relationship between this CFR and the laws of EU member states, as exemplified by German and English law. It will look at how these rules will interact with the legal environment in which they are to operate.CFR rules will have to dovetail with domestic rules on contract law outside the scope of the CFR, and also with domestic property, tort and unjust enrichment law. They will have to work in the context of different procedural laws. The CFR will also serve as a yardstick for legislative and judge made contract law reform in the Member States, and will influence the interpretation of domestic contract rules.The proposal includes a case study on one particular use which could be made of the CFR. An optional instrument could allow e.g. consumers to choose CFR based rules for their electronic distance sales contract with a business by clicking on a blue button . The case study is to investigate on the wide-ranging repercussions this will have on other rules e.g. on jurisdiction, choice of law, property law, unfair competition law, and for collective proceedings for the control of standard terms.