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Formation of the Contract

Summary/Abstract: The basic legal institute of private law, by which participants in legal relations establishmutual rights and obligations between themselves, is a contract. The parties' contractcreates the rules by which their mutual relationship is to be regulated and which theparties are to follow. However, the limit of such an autonomous right between subjects isthe compliance of its content with the legal order. The contract, although it is not a sourceof law, is legally binding for the reason that it creates rights and obligations between thecontracting parties within the limits of mandatory law. At the same time, the contract isa method of regulating legal relations. Necessary for the creation of a contract and thecreation of legal consequences is not only the consent of the contracting parties, butabove all the fulfillment of the prerequisites for the creation of a contract. At the level ofthe Union, already before the turn of the millennium, work was being done on contrac-tual rules for the proper functioning of the internal market, the result of which was thepublication of the draft Common Framework of Reference (DCFR) in 2008, which containsin particular principles, definitions and model rules drawn up with the aim of increasingthe coherence of the Community acquis in the field of contract law. The article is devoted tothe considerations of the authors of the DCFR on the rules for the formation of a contract.

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