Nogler, Luca and Reifner, Udo. (2010) Social contracts in the light of the Draft Common Frame of Reference for a future EU Contract Law. WP C.S.D.L.E. "Massimo D'Antona" .INT - 80/2010. [Working Paper]
Abstract
The Draft Common Frame of Reference1 has been already criticized for its dogmatic weakness and political implications2, extended scope on a limited basis3, its fragmented relationship to national legal cultures4. In this essay we want to focus on the vertical questions of whether the DCFR would threaten and undermine the social acquis of continental European social contract law. Such an approach shares a common basis with the critique by the Manifesto group5 on the deficit in social justice, shared by an increasing number of authors6. Even the EU Parliament, before officially discussing this Draft, asked for an exploration of the "role of fairness and social justice in the DCFR"7 which led to a general defence of the DCFR by a member of the Manifesto group recommending some minor amendments to its principles.8
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