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Pre-contractual Duties in the Draft Common Frame of Reference – What Relevance for the Negotiation of Commercial Contracts?

  • Bertrand Fages
Published/Copyright: November 10, 2008
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European Review of Contract Law
From the journal Volume 4 Issue 3

Abstract

This paper shows that the pre-contractual duty provisions contained in the DCFR are of limited relevance to the negotiation of commercial contracts and, more generally, that the Draft's ability to fit the contractual relationships between businesses is weak.

Published Online: 2008-11-10
Published in Print: 2008-October

Articles in the same Issue

  1. Editorial
  2. The Structure of the DCFR – Which Approach for Today's Contract Law?
  3. Common Frame of Reference & Social Justice
  4. The Draft-Common Frame of Reference, Methodological Nationalism and the Way Forward
  5. Sense and Sensibilities: The DCFR and the Preservation of Cultural and Linguistic Plurality
  6. Pre-contractual Duties in the Draft Common Frame of Reference – What Relevance for the Negotiation of Commercial Contracts?
  7. The Draft Common Frame of Reference: Mistake and Duties of Disclosure
  8. Good faith and fair dealing in the DCFR
  9. The Draft Common Frame of Reference – Agency Authority and Its Scope – A Glance at Corporation Law
  10. The DCFR – Guarantee and Personal Security Contracts
  11. Burden of Proof in the Consumer Acquis and in the Draft Common Frame of Reference: Law, Fact and Things in Between
  12. The DCFR – Restitution, unjust enrichment and related issues
  13. EC Legislation. European Community Legislation and Actions
  14. Italy
  15. Free Movements and Contract Law
  16. Books Received and Book Reviews
https://doi.org/10.1515/ERCL.2008.304

Articles in the same Issue

  1. Editorial
  2. The Structure of the DCFR – Which Approach for Today's Contract Law?
  3. Common Frame of Reference & Social Justice
  4. The Draft-Common Frame of Reference, Methodological Nationalism and the Way Forward
  5. Sense and Sensibilities: The DCFR and the Preservation of Cultural and Linguistic Plurality
  6. Pre-contractual Duties in the Draft Common Frame of Reference – What Relevance for the Negotiation of Commercial Contracts?
  7. The Draft Common Frame of Reference: Mistake and Duties of Disclosure
  8. Good faith and fair dealing in the DCFR
  9. The Draft Common Frame of Reference – Agency Authority and Its Scope – A Glance at Corporation Law
  10. The DCFR – Guarantee and Personal Security Contracts
  11. Burden of Proof in the Consumer Acquis and in the Draft Common Frame of Reference: Law, Fact and Things in Between
  12. The DCFR – Restitution, unjust enrichment and related issues
  13. EC Legislation. European Community Legislation and Actions
  14. Italy
  15. Free Movements and Contract Law
  16. Books Received and Book Reviews
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