Transcript Dr hab. Fryderyk Zoll, Professor at the JU and ALK

Dr hab. Fryderyk Zoll,
Professor at the JU and
ALK
Draft Common Frame of Reference
Structure of the Draft – an Introduction
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7 Books already published
Further 3 are to be published soon
Book I General provisions – but not a general
part
Book II Contracts and other juridical act –
the problem of the level of abstraction. The
notion of „juridical act”
Party Autonomy and the core aims of
European private law
DCFR - Structure
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Justice
Freedom
Protection of Human Rights
Economic Welfare
Solidarity and Social Responsibility
Promotion of the Internal Market
Preservation of Cultural and Linguistic
Plurality
DCFR – Structure and Core Aims of
the European Private Law
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Formal (Methodological) Aims
Rationality
Legal Certainity
Predictability
Efficiency
Debate on the values and aims of the
European private law. Different
understanding of freedom and justice
Structure and Aims of the DCFR
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The general doctrine on judicial act
Notice and Form
Question of Mixed Contract. Problem of
regulation of specific contracts
Non – discrimination law as a part of law
of contracts
Marketing and pre-contractual duties
Debate on pre – contractual information
duties
DCFR - Structure
Formation of contracts
 Offer and acceptance
 Unilatera juridical acts
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Right of withdrawal – acquis
communautaire in the DCFR
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Representation
DCFR - Structure
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Grounds for invalidity
Initial impossibility is not a reason for
invalidity of the contract
Vitated consent or intention
Mistake
Coercion or threats
Contract infringing mandatory principles
Contract infringing mandatory rules
DCFR - Structure
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Interpretation of contracts and other
juridical acts
Content of contract
Terms of contract
Pre-contractual statements regarded as
contract terms
 Standard terms
 Unfair terms
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DCFR - Structure
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Book III – Obligations and corresponding
rights
Good faith and fair dealing in DCFR
Performance
Remedies for non – performance
Excuse
Notification of non – performance
Cure by the debtor of non – conforming
performance
DCFR – Structure
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Right to enforce performance (Specific
performance)
Witholding performance
Termination
Termination for fundamental non –
performance
Termination after notice fixing additional time
for performance
Termination for anticipated non performance
DCFR - Structure
Price reduction
 Damages
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Plurality of debtors and creditors
Transfer of rights and obligations
Set – off and merger
Prescritpion
DCFR -Structure
Book IV Specific contracts
Sales
Lease of goods
Services
Mandate
Commercial agency, franchise and
distributorship
 Loans
 Personal Security
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DCFR - Structure
Book V – Benevolent intervention in
another’s affairs
 Book VI – Non – contractual liability
arising out of damage caused to another
 Book VII – Unjustified enrichment
 Books which are not published yet:
Transfer of property, Donations and
Secured Transactions in Movables
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DCFR - Structure