General principle of contracts in Poland is that, if legal rules do not require a specific form for contract, it can be done in any way - even by email or orally.
General principle of contracts in Poland is that if legal rules do not require a specific form for contract (or other act in law such as termination of a contract), it can be done in any way.
It means that you can do so orally, by email or even by every conduct that shows that you are interested in making an agreement.
A requirement of certain form may derive from a statute but can be established by parties in a contract. The parties are also free to determine the consequences if a form agreed by them is not met.
General rules of form can be found in the civil code.
Polish law enlists several specific forms that are required to make certain types of contracts (like selling a real estate, purchasing shares in limited liability company or transferring copyright). The most important are:
What is important, the more “severe” legal form can always supersede the less meaningful. In consequence if a statute requires written form, you can achieve the same result by notarised signature or notarial deed. If a notarised signature is needed, you can also make a contract in a notarial deed form.
Lack of correct form may lead to negative legal consequences. The Polish legal system provides three types of them:
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