Prawa kształtujące i uprawnienia do żądania ukształtowania a wielopodmiotowość strony stosunku zobowiązaniowego : między mitem a niepewnością prawa?

The aim of the article is to examine the commonly accepted view in doctrine and jurisprudence that, in the case of a multi-party side of an obligation, the exercise of the right to terminate, the right to avoid the contract, or any similar rights requires the involvement of all entities forming such a party. The starting point for the analysis is the recognition that the dominant view is based on an unverified assumption: that the rights in question are always attributed jointly to the entire "collective" party to the obligation. This assumption appears to be false. The author proposes abandoning the a priori assumption about the joint character of the aforementioned rights in multi-party obligations. He suggests replacing it with a purposive interpretation of each provision granting these rights, considering each separately as a tool for determining the holder of the right. The purposive interpretation of selected provisions discussed in the article (e.g., those concerning defects in declarations of will) indicates that their ratio legis supports the hypothesis that the legislator grants some of these rights individually to particular entities forming part of the multi-party side of an obligation. The practical consequence of this conclusion is that these rights may be exercised by such entities individually, without the consent of the remaining entities forming part of the multi-party obligation.