“Codul Civil European” – 1

Academic handbook could form basis for EU civil code

22.10.2007 – 07:07 CET | By Mark Beunderman
EUOBSERVER / BRUSSELS – Academic researchers are finalising a big European Commission-funded legal handbook containing the core principles of EU member states’ private law.

EU officials say the catalogue, to be presented to the commission in December, could in future form the basis for a full-blown European civil code.

More than 150 law researchers from across Europe are drawing up a so-called ‘Draft Common Frame of Reference’ which will consist of legal articles related to the exchange of goods and services – for example on leasing, damage, the right to withdraw from contracts and unjustified enrichment.

The articles will seek to describe what is the common core of European private law (in this case, mainly contract law), the bulk of which is currently covered by the 27 EU member states’ national private law systems.

Private law is deeply rooted in national legal traditions which are often centuries-old, such as the UK’s common law or France’s Code Civil introduced by Napoleon. Any possible EU interference in the area of private law is therefore seen as highly sensitive.

One of the leading researchers involved in the project, Osnabrück university professor Christian von Bar, told EUobserver that “with the Common Frame of Reference we would have a common basis of private law, with common legal terms.”

“Currently, words like ‘intention’ or ‘damage’ can have extremely different meanings in different member states’ legal systems. At least with the Common Frame of Reference we would have a set of model rules covering the common core of our private law systems,” he added.

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