From the principles of European contract law to the draft common frame of reference

The author describes different possible means of harmonization and unification of private law in the European Union, with special regard to the process of formation of the Draft Common Frame of Reference (DCFR), the latest of the soft-law legislative projects aimed at creating a common and unified set of rules pertaining to the law of obligations, that could serve as a basis for preparing a draft of the European civil code. The evolution of the DCFR lasted less than a decade (2001-2008). It is broader in scope then the Principles of European Contract Law (PECL), but was not received by scholars and practitioners with such wide and enthusiastic acceptance as the latter. Numerous and diverse criticisms have been presented with respect to the DCFR, which put under question its adequacy to serve as the basis for the prospective Code. The author points to the role of the European Law Institute, founded recently in June 2011, claiming that it seems to be the only entity capable to foster adopting the DCFR in the form of CFR.