Common Core Evaluation of the Draft CFR - Book VII (Unjustified Enrichment)

Jan M. Smits, University of Tilburg
Vanessa Mak, University of Tilburg

Abstract

This contribution contains an evaluation of Book VII (Unjustified enrichment) of the Draft Common Frame of Reference (DCFR) 2009. It was written as part of the evaluation carried out by the Common Core of European Private Law group in the context of the Joint Network on European Private Law (CoPECL). The explicit aim of this evaluation is to put the black letter rules of the DCFR to the test by applying them to a set of three hypothetical cases. On the basis of this analysis, several criticisms may be made, which we summarize by making three different points. First, the question of taxonomy is discussed. Secondly, it is questioned whether the DCFR fully grasps the function of the law of unjustified enrichment. Finally, we look into the function of the DCFR and what this function brings with it for dealing with restitutionary claims.