THE CONTRACTUAL RIGHT TO WITHDRAW: COPYRIGHT CONTRACT V COMMERCIAL CONTRACT

Pacta sunt servanda is the important Roman principle that “equalises” the binding effects of contracts and law. The right to withdraw loosens the sanctity of the contract, bringing some legal uncertainty to the contractual relationship. The right to withdraw based on the change of ones’ mind concerning a transaction is a unilateral act of will, provided both by Albanian Contract Law and the Albanian Law on Author’s Rights. This paper will point out the Albanian legal conditions according to which the withdrawal can be rightly exercised, highlighting the differences between the right to withdraw from commercial contracts and the author’s moral right to withdraw from copyright contracts