COUNCIL OF THE EUROPEAN UNION GUIDELINES ON THE SETTING UP OF A COMMON FRAME OF REFERENCE (CFR) FOR EUROPEAN CONTRACT LAW by Paul Abbiati, a CFR-Net Expert Stakeholder

EU COUNCIL GUIDELINES ON THE SETTING UP OF A CFR FOR EUROPEAN CONTRACT LAW The EU is currently exploring options for the creation of a Common Frame of Reference for European Contract Law. The aim is to agree at least on: 1) certain definitions, 2) fundamental principles, such as contractual freedom, and 3) the development of “model rules”.

CFR Fundamental Principles Of the principles that might apply throughout a contractual relationship the following are mentioned in the recent Council documents: -the principle of freedom of contract (party autonomy), -the principle of legal certainty in contractual matters which includes, inter alia, -the binding force of the contract (pacta sunt servanda), -the principle of fair dealing which includes, inter alia, -the principles of good faith and -of reasonable behaviour.

The CFR Guidelines On 5 June 2009 The Justice and Home Affairs Council adopted a series of guidelines

The CFR’s Form The guidelines that the Council, the European Parliament and the Commission will use will be a source of inspiration for the adoption or revision of legislative texts. So,the form of the CFR will not be a binding instrument.

The CFR Guidelines ‘Guidelines on the setting up of a Common Frame of Reference for European Contract Law’ Press Release: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/108340.pdf This information is presented to you by Paul Abbiati, an official CFR-net stakeholder: law@abbiati.co.uk, June 2009