The practical potential of the DCFR Judgment of the Swedish Supreme Court (Högsta domstolen) of 3 November 2009, Case T 3–08
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Mateusz Grochowski
Abstract
The judgment of the Swedish Supreme Court made on 3 November 2009 introduces a path-breaking decision for the application of DCFR in the judicial practice. It is the first recognized judgment that has used its model rules as a gap-filler on the grounds of domestic private law system. The commentary deals with the theoretical basis of this reasoning, as well as with its further implications for the comprehension of the practical importance of DCFR. In this respect, special attention has been paid to the potential use of its non-binding content as an interpretative pattern, chosen solely imperio rationis by the European judiciary. Such a point of reference may be important both for the already existing domestic private law and EU legislation, providing a common set of concepts and values.
About the author
© 2013 Walter de Gruyter GmbH, Berlin/Boston
Artikel in diesem Heft
- Masthead
- Principles and Rules in the Emerging European Contract Law: From the PECL to the CESL, and Beyond
- Prescription in the Proposal for a Common European Sales Law
- Regulatory Competition in Contract Law: Empirical Evidence and Normative Implications
- European Community legislation and Actions
- The practical potential of the DCFR Judgment of the Swedish Supreme Court (Högsta domstolen) of 3 November 2009, Case T 3–08
- Reiner Schulze,Non-Discrimination in European Private Law, (Tübingen: Mohr Siebeck, 2011)
Artikel in diesem Heft
- Masthead
- Principles and Rules in the Emerging European Contract Law: From the PECL to the CESL, and Beyond
- Prescription in the Proposal for a Common European Sales Law
- Regulatory Competition in Contract Law: Empirical Evidence and Normative Implications
- European Community legislation and Actions
- The practical potential of the DCFR Judgment of the Swedish Supreme Court (Högsta domstolen) of 3 November 2009, Case T 3–08
- Reiner Schulze,Non-Discrimination in European Private Law, (Tübingen: Mohr Siebeck, 2011)
