12 The approach taken to fundamental principles in the Interim Outline Edition

In the Introduction to the Interim Outline Edition we asked readers to consider whether it would be useful to include in the DCFR a separate part containing a statement of basic principles and values underlying the model rules. We suggested that this part could possibly be formulated as recitals, i. e. an introductory list of reasons for the essential substance of the following text, or in a discursive preface. To give some idea of what a statement of underlying principles might look like, primarily in relation to contract law, some possible fundamental principles were outlined.7. The statement of principles in the Interim Outline Edition listed no fewer than fifteen items — justice; freedom; protection of human rights; economic welfare; solidarity and social responsibility; establishing an area of freedom, security and justice; promotion of the internal market; protection of consumers and others in need of protection; preservation of cultural and linguistic plurality; rationality; legal certainty; predictability; efficiency; protection of reasonable reliance; and the proper allocation of responsibility for the creation of risks.8. These were not ranked in any order of priority. It was stressed that the principles would inevitably conflict with each other and that it was the function of the model rules to find an appropriate balance.9. Feedback was mixed. Some commentators welcomed the express mention of nonmercantile values like human rights and solidarity and social responsibility. Others expressed doubts as to the practical value of such a large, diverse and non-prioritised list. There were powerful calls for full account to be taken of the work done on governing principles by the Association Henri Capitant and the Société de législation comparée10. as part of the ‘CoPECL Network of Excellence’ working on the CFR project.11. To that we now turn.