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Withdrawal from a contract transferring the ownership of real estate
| Content Provider | Semantic Scholar |
|---|---|
| Author | Matys, Justyna |
| Copyright Year | 2008 |
| Abstract | 1. The issue of withdrawal from a contract transferring ownership of real estate and, most of all, the legal consequences of such an act, are very controversial, both in judicial decisions and in the doctrine. This issue concerns the mutual relation between contract law and property law and the infl uence of the former on institutions of the latter, and involves the question of whether the material relations and the regulations of property law can modify, or even exclude, the possibility to apply the provisions of contract law with respect to contracts concerning real estate. It is necessary to consider whether a party to a contract can have a statutory right to withdraw from a contract transferring ownership of real estate but also whether such possibility is provided for by the principle of freedom of contract. The right to withdraw that may be effectively reserved in a contract with obligatory consequences is unquestionable, whereas in dual–consequence contracts as well as contracts of solely dispository nature, the effectiveness of such a reservation causes doubts. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repozytorium.uwb.edu.pl/jspui/bitstream/11320/3368/1/BSP_4_2008_Matys.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |