Golf Playing Right Rescission Denied Due to Recreational Nature of Contract

The plaintiff sought rescission of a 25-year golf playing right purchase, claiming a hardship case due to being medically unable to play, and alleging the defendant club undermined his resale efforts through its pricing policies. The court upheld the lower court's dismissal, reasoning that securing a mere recreational activity through a standard financial outlay for a long term does not constitute an abusive commitment under Article 27 para. 2 of the Civil Code, as the plaintiff retained the right to sell the entitlement, and the subsequent inability to play due to accident did not meet the stringent criteria for invoking the contractual hardship clause, which required the party's discretion and was not clearly abused.