dr hab. fryderyk zoll, professor at the ju and alk

Dr hab. Fryderyk Zoll, Dr hab. Fryderyk Zoll, Professor at the JU and Professor at the JU and

ALKALKDraft Common Frame of Reference

Structure of the Draft – an Introduction

DCFR - StructureDCFR - Structure

7 Books already publishedFurther 3 are to be published soonBook I General provisions – but not a general

partBook II Contracts and other juridical act – the

problem of the level of abstraction. The notion of „juridical act”

Party Autonomy and the core aims of European private law

DCFR – Structure and Core Aims of DCFR – Structure and Core Aims of the European Private Lawthe European Private Law

JusticeFreedomProtection of Human RightsEconomic WelfareSolidarity and Social ResponsibilityPromotion of the Internal MarketPreservation of Cultural and Linguistic

Plurality

Structure and Aims of the DCFRStructure and Aims of the DCFR

Formal (Methodological) AimsRationalityLegal CertainityPredictabilityEfficiency

Debate on the values and aims of the European private law. Different understanding of freedom and justice

DCFR - StructureDCFR - Structure

The general doctrine on judicial actNotice and FormQuestion of Mixed Contract. Problem of

regulation of specific contractsNon – discrimination law as a part of law

of contractsMarketing and pre-contractual dutiesDebate on pre – contractual information

duties

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Formation of contractsOffer and acceptanceUnilatera juridical acts

Right of withdrawal – acquis communautaire in the DCFR

Representation

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Grounds for invalidityInitial impossibility is not a reason for

invalidity of the contractVitated consent or intentionMistakeCoercion or threatsContract infringing mandatory principlesContract infringing mandatory rules

DCFR - StructureDCFR - Structure

Interpretation of contracts and other juridical acts

Content of contractTerms of contractPre-contractual statements regarded as

contract termsStandard termsUnfair terms

DCFR – Structure DCFR – Structure

Book III – Obligations and corresponding rights

Good faith and fair dealing in DCFRPerformanceRemedies for non – performanceExcuseNotification of non – performanceCure by the debtor of non – conforming

performance

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Right to enforce performance (Specific performance)

Witholding performanceTerminationTermination for fundamental non –

performanceTermination after notice fixing additional time

for performanceTermination for anticipated non -

performance

DCFR -StructureDCFR -Structure

Price reductionDamages

Plurality of debtors and creditorsTransfer of rights and obligationsSet – off and mergerPrescritpion

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Book IV Specific contractsSalesLease of goodsServicesMandateCommercial agency, franchise and

distributorshipLoansPersonal Security

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Book V – Benevolent intervention in another’s affairs

Book VI – Non – contractual liability arising out of damage caused to another

Book VII – Unjustified enrichmentBooks which are not published yet:

Transfer of property, Donations and Secured Transactions in Movables