Abstract

In the practice of concluding property sale agreements it happens that the buyer pays on time only part of the price, whereas the seller performs on time. The seller’s performance is indivisible, while the buyer’s performance is divisible. A question arises whether the seller may exercise the statutory right to withdraw from the agreement. The article defends the position that withdrawal is possible in such circumstances though only when partial performance was of no consequence for the creditor (2nd sentence of Art. 491 § 2, Art. 493 § 2 of the Civil Code).