Einde inhoudsopgave
Draft Common Frame of Reference
19 Preservation of cultural and linguistic diversity
Geldend
Geldend vanaf 01-01-2009
- Redactionele toelichting
De dag van de datum van afkondiging is gezet op 01. De datum van inwerkingtreding is de datum van afkondiging.
- Bronpublicatie:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-2009
- Bronpublicatie inwerkingtreding:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Civiel recht algemeen (V)
EU-recht / Bijzondere onderwerpen
Internationaal privaatrecht / Algemeen
Nothing could illustrate better the point that fundamental principles conflict than the juxtaposition of this item with the preceding one and the two following ones. In a pluralistic society like Europe it is manifest that the preservation of cultural and linguistic diversity is an all-important principle, vital to the very existence of the Union. But where a particular aspect of human life has not only a cultural content but also a strong functional content, this principle may conflict with the principles of solidarity, the protection and promotion of welfare and the promotion of the internal market. Private law is a prime example. Within the rules of the DCFR itself there are some reflections of the principle of respect for cultural and linguistic diversity.22. However, the impetus for the DCFR in its present form and for its present purposes came from, on the one hand, recognition of cultural and linguistic diversity and, on the other, concerns about the harmful effects for the internal market (and consequently for the welfare of European citizens and businesses) of an excessive diversity of contract law systems. The CFR project is not an attempt to create a single law of the whole of Europe. Rather, the purpose of the CFR as a legislator's guide or toolbox is to enable the meaning of European legislation to be clear to people from diverse legal backgrounds. Moreover, existing cultural diversity was respected by the participation on an equal footing of lawyers from all European legal cultures in the preparation of the DCFR and by the serious attempt to reflect, as far as possible, all legal systems of the EU Member States in the Notes. This resulted in unity out of diversity, at a soft-law level. Linguistic diversity will be respected by ensuring that the DCFR is translated into as many European languages as possible.
Voetnoten
See e.g. II. — 1:104(2) (potential applicability of local usages); II. — 3:102(2)(c) and (3) (language used for communication when business is marketing to consumers); II. — 9:109 (language to be used for communications relating to the contract); IV. A. — 6:103(1)(e) (language for consumer guarantee document); IX. — 3:310(1)(d) (language to be used for declaration to proposed European register of proprietary security); IX. — 3:319(2) (language to be used for request to secured creditor for information about entry in register) and IX. — 7:210(3) (language to be used for a type of notice by secured creditor).