Retraction (Aspects of Civil Law)

Abstract

The article begins with the analysis of the concept of retraction from an ethnological conception and deals then with its characteristics, such as the fact that it is a not guilty, one-sided juridical act. As to its kinds, there are two of them, the legal and the contractual. It goes on to speak about retraction as compared with the institutes of revocation, accusation, clause of redemption and redemption. From this point it treats of retraction in Contract Law and the possible situations arising from this. The article then speaks about the questions of sale with right of redemption, of the revocation of a donation on account of ingratitude of the donee, of the mandate and its extinction. It then discusses the problem of retraction in the Rights of Things, in the cases of fee-farms and of incomes on real estate; the retraction in Family Law, in the cases of marriage and in the Descent Law, in cases of acceptance and renunciation of inheritances. It ends with the question of revocation of will and with the effects in genere of retraction in civilian life.