Abstract

The article discusses the issue of the consequences of reservation of the contractual right of withdrawal (Art. 395 of the Civil Code) in obligational/dispositive contracts aimed at transferring ownership of perpetual usufruct rights. An inspiration to take up this subject was the view expressed in the Supreme Court judgment of 29 April 2015, V CSK 415/14, that “Safeguarding interest by making a contractual reservation may not involve such contractual clauses which are contradictory to mandatory civil law provisions, thus, inter alia, in cases of introducing a terminating condition in a contract aimed at producing material effects of a sale of property, that is reserving the contractual right of withdrawal.” In connection with the above the following issues have been considered: 1) identification of the effects of the reservation of the contractual right of withdrawal with the terminating condition, and 2) possibility of application of Art. 5 of the Civil Code in case a request is made to adjust the contents of the land and mortgage register with actual legal situation (Art. 10.1 of the Act on Land and Mortgage Registers and Mortgages of 6 July 1982).