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Mgr Tomasz Kotarski
ORCID: 0000-0002-9623-288X

Tomasz Kotarski is preparing his doctoral thesis at the College of Law of Kozminski University in Warsaw. His field of interest is civil law – in particular contract law, consumer protection law, banking law.

 
DOI: 10.33226/0137-5490.2023.4.4
JEL: K12, K15

The aim of the article is to demonstrate the relevance of contractual and statutory right of withdrawal to contemporary economic turnover. The paper focuses on the Civil code provisions concerning origin, execution and effects of withdrawal. Reasons for qualification of Article 492 of the Civil Code as modifying the statutory right of withdrawal were given. It has been stated that, it is not permissible to reserve the contractual right of withdrawal in the agreement transferring the real estate ownership right. Additionally, the article presents solutions concerning withdrawal from the contract adopted in the Civil code of Czech Republic and compares them with Polish ones.

Keywords: contractual withdrawal; statutory withdrawal; Civil code; contract; obligation