Une question de principe(s)?

Abstract

This contribution aims to respond at some of the criticism which has been addressed to the interim version of the common frame of reference as published in January 2008. In a first part it tries to explain the philosophy of the Draft in comparison to some other instruments and it stresses that the Draft is rooted in the legal systems of the European nations and the Acquis communautaire. In a second part, the author explains in how far the Draft differs from its predecessor, the PECL (Principles of European Contract Law), in its content and structure, and why it differs where it does. In view of some criticism, the central distinction between contracts on the one hand and (contractual or extracontractual) relationships is explained, as well as the reasons why the rule son performance and nonperformance deal with all obligations in a more or less unitary way, and the treatment of the notion of good faith and fair dealing. The third part discusses the notion and function of underlying and how that differs from (model) rules. The aithor explains why such principles should not be formulated as rules and should not be part of the model rules themselves but left to scholarship.