European civil code

The European civil code (ECC) is a proposed harmonisation of private law across the European Union. The ultimate aim of a European civil code is, like a national civil code, to deal comprehensively with the core areas of private law. Private law typically covered in a civil code includes the family law, the law of inheritance, property law and the Law of Obligations. The law of obligations includes the law of contracts, delicts (or torts) and restitution. It was from work on European contract law that the push for a comprehensive European civil code arose. The development of a European civil code has primarily focused on creating a unified law of contracts. Thus, the term 'European civil code' is often used in specific reference to the harmonisation of contract law throughout the EU. The idea of a unified European civil code can be traced to the idea of a unified Europe and the creation of the European Union. The European Parliament requested the creation of a European civil code in 1989, 1994 and 2000. A pragmatic approach has seen the proponents of a European civil code develop uniform laws in discrete areas before working towards a comprehensive European civil code. Development of a European code for contract law began in 1982 with the formation of the Commission on European Contract Law. This became known as the Lando Commission after its chairman Ole Lando. At the same time UNIDROIT began similar studies leading to their 1994 publication Principles for International Commercial Contracts. The Lando Commission focused on creating their Principles of European Contract Law (PECL). The first part of the PECL was published in 1995, followed by Part II in 1999 and the final Part III in 2003. These Principles of European Contract Law may eventually form one part of the European civil code. In 1997 the Dutch Government, as then Chair of the European Union, held a conference titled 'Towards a European Civil Code'. The conference considered the feasibility of such a code and led to the creation of a book titled Towards a European Civil Code. The third edition was published in 2004 and although the primary focus is European contract law, it considers other areas of private law that may form part of a European civil code as well. The years following this conference have seen the development of many academic groups focusing on different areas of private law. These include: On 11 July 2001, the European Commission issued a Communication in relation to possible developments in European contract law. Following the review of submissions on the Communication, the Commission released an Action Plan for a more coherent European contract law in 2003. The Action Plan began the process of creating what is known as the Common Frame of Reference (CFR). This was followed in 2004 by the publication of “European Contract Law and revision of the acquis: the way forward”. The CFR is intended to provide a structure and guideline for the development of harmonised European private law but has a specific focus on contract law. It was hoped that the creation of a unified European contract law would be achieved by 2010. The Draft Common Frame of Reference (DCFR), a joint project of the Study Group and Acquis Group (funded by the European Commission for €4.3 million), was published in December 2007. Although the European Commission downplayed the CFR's expected future importance in a July 2006 report, a March 2006 European Parliament resolution stated that 'Even though the Commission denies that this is its objective, it is clear that many of the researchers and stakeholders working on the project believe that the ultimate long-term outcome will be a European code of obligations or even a full-blown European Civil Code.' Economist Gerhard Wagner hailed 'the drafting of a coherent set of rules' for all of Europe, such as the DCFR, as 'an immense scientific achievement'.