Dr hab. Fryderyk Zoll, Professor at the JU and ALK Draft Common Frame of Reference Structure of the Draft – an Introduction

DCFR - Structure 7 Books already published Further 3 are to be published soon Book I General provisions – but not a general part Book 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 the European Private Law Justice Freedom Protection of Human Rights Economic Welfare Solidarity and Social Responsibility Promotion of the Internal Market Preservation of Cultural and Linguistic Plurality

Structure and Aims of the DCFR Formal (Methodological) Aims Rationality Legal Certainity Predictability Efficiency Debate on the values and aims of the European private law. Different understanding of freedom and justice

DCFR - Structure The general doctrine on judicial act Notice and Form Question of Mixed Contract. Problem of regulation of specific contracts Non – discrimination law as a part of law of contracts Marketing and pre-contractual duties Debate on pre – contractual information duties

DCFR - Structure Formation of contracts Offer and acceptance Unilatera juridical acts Right of withdrawal – acquis communautaire in the DCFR Representation

DCFR - Structure Grounds for invalidity Initial impossibility is not a reason for invalidity of the contract Vitated consent or intention Mistake Coercion or threats Contract infringing mandatory principles Contract infringing mandatory rules

DCFR - Structure Interpretation of contracts and other juridical acts Content of contract Terms of contract Pre-contractual statements regarded as contract terms Standard terms Unfair terms

DCFR – Structure Book III – Obligations and corresponding rights Good faith and fair dealing in DCFR Performance Remedies for non – performance Excuse Notification of non – performance Cure by the debtor of non – conforming performance

DCFR - Structure Right to enforce performance (Specific performance) Witholding performance Termination Termination for fundamental non – performance Termination after notice fixing additional time for performance Termination for anticipated non - performance

DCFR -Structure Price reduction Damages Plurality of debtors and creditors Transfer of rights and obligations Set – off and merger Prescritpion

DCFR - Structure Book IV Specific contracts Sales Lease of goods Services Mandate Commercial agency, franchise and distributorship Loans Personal Security

DCFR - Structure Book V – Benevolent intervention in another’s affairs Book VI – Non – contractual liability arising out of damage caused to another Book VII – Unjustified enrichment Books which are not published yet: Transfer of property, Donations and Secured Transactions in Movables