The Common Frame of Reference (CFR) and the Principles of European Law on Commercial Agency, Franchise and Distribution Contracts

Abstract

At the beginning of 2008, the draft Common Frame of Reference (CFR) will be presented to the European Commission by the Joint Network on European Private Law. The author gives an overview of the manifold discussions that have been held as to the purpose, content and scope of the CFR. The main part of the article then explains in depth the recently published Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC). Both texts are very similar, as the Draft CFR is directly inspired by the Principles. The article focusses on the Principles and shows how the PEL CAFDC go much further than formulating a simple common terminology. It presents the general structure and content of the PEL CAFDC, then shows its relationship to other soft and hard law instruments and finally discusses some of the duties and obligations found in the PEL CAFDC/DCFR.