Tag Archives: Draft Common Frame of Reference

Farewell to unjustified enrichment?

“That was a surprisingly civilised discussion” said Eric Descheemaeker as he brought to a close the workshop on unjustified enrichment at 7 pm last Friday. The remark was understandable. The main speaker, Nils Jansen, had been arguing that it was … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

The new UK law on penalty clauses and European private law

Recent decisions by the UK Supreme Court on penalty clauses are of some interest from the point of view of European private law. The decisions were in the conjoined cases ofCavendish Square Holding BV v Talal El Makdessi and ParkingEye … Continue reading

Posted in Uncategorized | Tagged , , , , | 1 Comment

The Draft Common Frame of Reference in the Swedish Supreme Court

The Study Group on a European Civil Code which prepared the Principles, Definitions and Model Rules of European Private Law (more commonly known as the Draft Common Frame of Reference or DCFR) was fortunate to have among its members both … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Scottish Law Commission makes good use of European private law instruments

In its Discussion Paper on Third Party Rights under Contracts (DP No 157, 2014) the Scottish Law Commission makes use of the Draft Common Frame of Reference (DCFR) and the proposed Common European Sales Law (CESL) along with two other … Continue reading

Posted in Uncategorized | Tagged , , , | 1 Comment