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The basic legal institute of private law, by which participants in legal relations establish mutual rights and obligations between themselves, is a contract. The parties' contract creates the rules by which their mutual relationship is to be regulated and which the parties are to follow. However, the limit of such an autonomous right between subjects is the compliance of its content with the legal order. The contract, although it is not a source of law, is legally binding for the reason that it creates rights and obligations between the contracting parties within the limits of mandatory law. At the same time, the contract is a method of regulating legal relations. Necessary for the creation of a contract and the creation of legal consequences is not only the consent of the contracting parties, but above all the fulfillment of the prerequisites for the creation of a contract. At the level of the Union, already before the turn of the millennium, work was being done on contractual rules for the proper functioning of the internal market, the result of which was the publication of the draft Common Framework of Reference (DCFR) in 2008, which contains in particular principles, definitions and model rules drawn up with the aim of increasing the coherence of the Community acquis in the field of contract law. The article is devoted to the considerations of the authors of the DCFR on the rules for the formation of a contract.