Ole Lando

Stockholm Centre for Commercial Law (SCCL) arranged a meeting in Stockholm on 23–24 October 2009 following the Swedish presidency CFR conference, which was held in Stockholm on 22–23 October and organized by the Swedish government. The topic at the meeting was to discuss a proposal from Professor Christian von Bar and Professor Hans Schulte-Nölke, on how to continue the important work conducted by, inter alia, the Study Group on a European Civil Code and the Acquis Group. The continuance of this work could be organized by establishing either a European Law Forum or an informal organisation. The form for this continued work has, for some considerable time, been the subject of lively discussions amongst those interested. This publication contains writings concerning the themes presented and discussed during the meeting. Many of the leading experts in the field attended the meeting. Table of Contents Does business want a Common Frame of Reference? Paul Abbiati Is the Draft Frame of Reference compatible with the Position of the Council? - How should the Academic Research be continued? Christian von Bar Topic 2: The Content of the political CFR – how to prioritise Hugh Beale Discours d’ouverture, conférence « un cadre commun de référence pour le droit européen des contrats »Jean-Marie Bockel Do we need specifically European optional instruments for international business transactions? Michael Joachim Bonell Why the “optional instrument” is not our optionTomáš Brichácek Informations d’ordre général sur le travail de la Commission relatif au cadre de Référence, ainsi que la voie à suivreAlain Brun The relationship between the Political frame of reference (PFR) and the consumer acquisBénédicte Fauvarque-Cosson Some Aspects on the Position of the CCBE on the DCFRFriedrich Graf von Westphalen The Common Frame of Reference as a basis for future harmonisation of the law of sale and lease of goodsJohnny Herre A Plea for a Binding InstrumentOle Lando Erwartungen an den politischen Referenzrahmen Klaus-Heiner Lehne The results of the discussions in the Council and the future political work with the frame of referenceTanja Rasmusson Drafting new model rules on sales: CFR as an alternative to the CISG? Ingeborg Schwenzer & Pascal Hachem Do we need a codification? Leif Sevón Is non-contractual liability arising out of damage caused to another a natural part of a political frame of reference? Lena Sisula-Tulokas The (Draft) Common Frame of Reference as a toolbox and as a basis for an optional instrumentMatthias E. Storme Common Frame of Reference and UNIDROIT Principles of International Commercial Contracts: Coexistence, Competition, or Overkill of Soft Law? Stefan Vogenauer

This is the third and last part of the "Principles of European Contract Law" prepared by the Commission of European Contract Law under the chairmanship of Professor Ole Lando. Parts I and II were published in 2000 and have attracted a growing volume of secondary literature. This volume follows the same pattern - a set of proposed Articles drawn up by the Commission, followed by comments and national notes containing a wealth of comparative law. The subjects dealt with in Part III are:- plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set-off, prescription, illegality, conditions and capitalisation of interest.

This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I & II" cover the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The articles previously published in Part I (1995) are included in a revised and re-ordered form. Throughout Europe there is great interest in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects.