55 Minimal formal and procedural restrictions

The DCFR tries to keep formalities to a minimum. For example, neither writing nor any other formality is generally required for a contract or other juridical act.1. There are exceptions for a few cases where protection seems to be specially required,2. and it is recognised that in areas beyond the scope of the DCFR (such as conveyances of land or testaments) national laws may require writing or other formalities, but the general approach is informality. Where the parties to a transaction want writing or some formality for their own purposes they can stipulate for that. Another recurring example of this aspect of the principle of efficiency is that unnecessary procedural steps are kept to a minimum. Voidable contracts can be avoided by simple notice, without any need for court procedures.3. Contractual relationships can be terminated in the same way if there has been a fundamental nonperformance of the other party's obligations.4. A right to performance can be assigned without the need for notification to the debtor.5. The ownership of goods can be transferred without delivery.6. Non-possessory proprietary security can be readily created. To be effective against third parties registration will often be necessary but, again, the formalities are kept to a minimum in the interests of efficiency.7. The rules on set-off can be seen as based on the principle of efficiency. There is no reason for X to pay Y and then for Y to pay X, if the cross-payments can simply be set off against each other.8. Again, in the DCFR set-off is not limited to court proceedings and can be effected by simple notice.9.