The Draft Common Frame of Reference (DCFR) for a European Private Law: Fit for Purpose?

Jan M. Smits, University of Tilburg

Abstract

This brief editorial (published in the Maastricht Journal) discusses the Draft Common Frame of Reference (DCFR) for a European Private Law (2008). It raises three points of criticism against the draft. The first point is that the draft stands too far apart from the present (consumer) acquis. The second it that it suffers from unclear methodology. Finally, the DCFR seems to adopt the wrong view of when uniform law exists.