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10. SUMMARY Thesis title: Withdrawal from a Contract Key words: withdrawal from a contract discharge of obligations Civil Code The withdrawal from a contract represents one of the means by which the obligation can be discharged. This issue has become high current recently above all due to debate regarding the effects of the withdrawal from the real estate purchase contract in relation to the rights of third persons acquired in good faith. However, there are many other legal issues related to the right of withdrawal, which are controversial both in legal theory and judicial practise. Considering the upcoming recodification of the private law the time for analysis and critical evaluation of existing and proposed legislation on withdrawal from a contract could not be more suitable. The aim of this thesis is to describe the withdrawal from a contract under the Civil Code as a unilateral legal act, which discharges the obligation with the effect ex tunc. This thesis is based on the conclusions of legal theory, on my personal opinions and also on the judicial decisions of courts of all instances, including the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The thesis is composed of seven main parts, each of them dealing with different aspects of withdrawal from a contract.... |
