[Abstract] This article is about the Draft Common Frame of Reference, whose objective is
providing a common regulation for the European Private Law, especially for the Law of
Obligations. However, choices were made for the elaboration of the academic draft that
could frustrate the achievement of such objective: the formulation of rules and defini-
tions for the European Private Law only in English, the indefinite future (and eventual)
function of the DCFR, the wide coverage of its subjects and in particularly the absence
of legitimation caused by its distance from the continental legal traditions. To empha-
sise this point of view, the rules of the DCFR about the formation of contracts, benev-
olent intervention in another’s affairs und unjustified enrichment will be analysed
