European Competence, A European Civil Code, A Common Frame of Reference or An Optional Instrument

2009 ◽  
Author(s):  
Jacobien W. Rutgers
Keyword(s):  
Civil Code ◽  
Frame Of Reference ◽  
Optional Instrument ◽  
European Civil Code ◽  
Common Frame Of Reference

The DCFR, the Avant-projet Catala and French Legal Scholars: A Story of Cat and Mouse?

2008 ◽  
Vol 12 (3) ◽  
pp. 351-373 ◽  
Author(s):  
Ruth Sefton-Green
Keyword(s):  
Research Group ◽  
Working Group ◽  
Civil Code ◽  
Frame Of Reference ◽  
The Political ◽  
Study Group ◽  
Private Law ◽  
Legislative Reform ◽  
European Civil Code ◽  
Common Frame Of Reference

In 2005 a French working group published an Avant-projet de réforme du droit des obligations et de la prescription (“Avant-projet Catala”).1 At the end of 2007 a Draft Common Frame of Reference (“DCFR”) was submitted to the European Commission by the Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group).2 How much ink should we spill over such academic proposals for legislative reform, especially if there are misgivings as to substance, content and legitimacy and doubts as to the prospects for implementation? In an attempt to learn from these projects this paper aims to evaluate and reflect on the position of legal scholars on the political legal scene, and to compare the content of some selected provisions. The overall objective is to investigate how the Avant-projet Catala, a proposal to reform the French Civil Code, and the DCFR, a proposal which looks very much like a European Civil Code, fit together: do these projects have different goals or are they in competition with one another? More particularly, this paper investigates whether these French3 and European initiatives are conducive to creating a more European private law or, on the contrary, whether they reinforce legal nationalism.

The Draft Common Frame of Reference (DCFR) as a Basis for a Modern Codification – The Revised Moldovan Civil Code

2019 ◽  
Vol 65 (2) ◽  
pp. 173-206
Author(s):  
Stephanie Pietrunko ◽  
Gesa Richter
Keyword(s):  
Role Model ◽  
Civil Code ◽  
Frame Of Reference ◽  
Consumer Law ◽  
European Civil Code ◽  
Traditional Approaches ◽  
Common Frame Of Reference

Comparing the structures of the general contracts, the consumer law, the general obligations and the specific obligations it is striking that the new Moldovan Civil Code, which came into force on 1st March 2019, is widely influenced by the DCFR of 2009. Ten years later, the Moldovan legislator combined modern European ideas with traditional approaches and brought them together to one national Civil Code. Even if a coherent European Civil Code does still not exist, the analysis illustrates how important the work on harmonisation is and shows not least the success of the DCFR aimed to be a role model for future national legislations.

The European Civil Code Movement and the European Union's Common Frame of Reference

2006 ◽  
Vol 6 (1) ◽  
pp. 4-11 ◽  
Author(s):  
Hugh Beale
Keyword(s):  
Comparative Law ◽  
Civil Code ◽  
Frame Of Reference ◽  
Legal Scholarship ◽  
Legal Studies ◽  
European Civil Code ◽  
Common Frame Of Reference

It is a very great honour to be invited to give this lecture in memory of Willi Steiner. I was not privileged to know him personally but I have long been aware of the enormous contribution that he made to the development of the Squire Library in Cambridge and the library of the Institute of Advanced Legal Studies, of which I have been a grateful user for many years. I am also very aware of Willi's contribution to legal scholarship in general and in particular to comparative law. His work on the Index to Foreign Legal Periodicals is just one example. I hope and believe that the topic on which I am going to speak tonight would have interested him.

scholarly journals Acquisition of ownership by non-owners in the draft of common frame of reference study group for European Civil code

2011 ◽  
pp. 279-291
Author(s):  
Nina Planojevic
Keyword(s):  
Civil Code ◽  
Frame Of Reference ◽  
Study Group ◽  
Legal Basis ◽  
Eu Countries ◽  
Book Viii ◽  
The Subject ◽  
European Civil Code ◽  
Quality Decision ◽  
Common Frame Of Reference

The subject of the paper is analysis of provisions concerning acquisition of ownership by non-owners from the recently presented Book VIII of the Draft of Common Frame of Reference of the Study group for European civil code. These regulative have been commented by the author and compared to the regulative of EU countries, pointing out to similarities, differences as well as discrepancies from solutions. Regulative of acquisition of property by non-owners he considers as divided in six parts: object; legal basis; delivery of goods; self-consciousness of the owner; ownership over the stolen goods and the fortune of the rights of third persons. With slight remarks, the author estimates this project as a complete, purposeful and quality decision. Comparing these decisions of EU countries and those from the Draft, he also estimates the reception of these decisions in Serbia as well, as prospective EU member.

scholarly journals Tort Law in the Revised Moldovan Civil Code and the Draft Common Frame of Reference (DCFR)

2019 ◽  
Vol 65 (2) ◽  
pp. 149-172
Author(s):  
Christian von Bar
Keyword(s):  
Tort Law ◽  
Civil Code ◽  
Frame Of Reference ◽  
Similarities And Differences ◽  
Common Frame Of Reference

The article analyzes the provisions of the new Moldovan CC about tort law. It describes the similarities and differences between the Moldovan CC and the sixth book of the DCFR. (The article reproduces the revised text of a lecture the author gave on October 4, 2018 in Chişinău. The form of the speech has been maintained.)

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