Dr hab. Fryderyk Zoll, Professor at the JU and ALK
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Dr hab. Fryderyk Zoll, Dr hab. Fryderyk Zoll, Professor at the JU and Professor at the JU and ALK ALK Draft Common Frame of Reference Structure of the Draft – an Introduction
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Dr hab. Fryderyk Zoll, Professor at the JU and ALK. Draft Common Frame of Reference Structure of the Draft – an Introduction. 7 Books already published Further 3 are to be published soon Book I General provisions – but not a general part - PowerPoint PPT Presentation
Transcript of 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
DCFR - StructureDCFR - Structure
Formation of contractsOffer and acceptanceUnilatera juridical acts
Right of withdrawal – acquis communautaire in the DCFR
Representation
DCFR - StructureDCFR - Structure
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
DCFR - StructureDCFR - Structure
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
DCFR - StructureDCFR - Structure
Book IV Specific contractsSalesLease of goodsServicesMandateCommercial agency, franchise and
distributorshipLoansPersonal Security
DCFR - StructureDCFR - Structure
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
