Quadro comum de referência: abandono da tradiçâo jurídica européia em nome da europeizacâo do Direito?

Abstract

[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.