If a party`s contract provides for the right to resign, no consideration may be made due to a lack of reciprocity in the engagement. If there is an absolute and unlimited right to terminate the obligation, the promise of the party with the right of withdrawal is illusory, and the absence of consideration means that there is no contract. Where the power to terminate the contract is limited in one way or another, the contract is generally considered binding. However, the implementation of a commitment not made in a flawed bilateral treaty may render the other commitment legally binding. For example, in virtually all States, an oral treaty on the transfer of ownership is not only unenforceable, but absolutely null and void.

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Last Modified: setembro 25, 2021