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

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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 moden rules in the field of contract law". It is primarily intended as "a tool for better law making', 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