Documentary form

Since September 8th, 2016  a new form of legal transaction will be introduced to the Polish Civil Code – documentary form – the purpose is to fulfill ordinal function and to make performing legal actions more efficient. It considers text messages or e-mail.

Due to the explanatory statements the documentary’s form constitutive feature is information, that within it’s content includes the declaration of will. The information may be consolidated arbitrarily, it only needs to be retained and recreated. It should be possible to establish a person submitting the declaration of will, although it is not necessary to establish the person basing on the content of document. Signature or text form is not required – it may be even sound or image.

Introducing the documentary form ad probationem for the loan agreements there arouse controversies. It is required only if the loan is higher than thousand zlotys. The reason why the legislator decided to liberate that agreement is not clear, since it causes social problems.

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