Abstract

In the analysed judgment the Supreme Court analysed the prerequisites for withdrawing from a specific work contract under Art. 635 of the Civil Code (owing to reference from Art. 656 § of the Civil Code, which is also applicable to a construction works contract), and also dealt with resolving a significant issue concerning admissibility of reclassification by court of the legal grounds for withdrawal from a contract when the facts presented by the ordering party unequivocally indicate that their intention was to exercise their right basing on a given provision of law or a contract. Approving of the opinions expressed by the Supreme Court the gloss presents, apart from summing up the views outlined in the case law and in literature, also additional arguments to support the Supreme Court’s theses. Moreover, the author discusses issues concerning the preconditions for submitting a valid declaration of withdrawal from a contract in general.