Beginning from 8^th of September 2016 there are in force new provisions of the Civil Code, which introduced alongside the existing writing form the new: documentary form and electronic form.

Changes can be both very useful and also very dangerous for all those entities that negotiate with their business partners using e.g. e-mail or by negotiating during a conference call.

Documentary form

According to the newly added to the Civil Code art. 77², to preserve the documentary form of legal action it is enough to make a statement of will on a document, in a manner which recognizes the person filing the statement. The concept of a document was also defined acknowledging that the document is a carrier of information enabling acquaintance with its content (art. 77³ of the Civil Code). Thus, the question arises, what is the “carrier” of information? What qualities it must have to be considered as a carrier “enabling” to read the content? In other words, in addition to existing writing forms (“paper”) document are various types of electronic records (including e.g. e-mails or text messages sent via mobile phone). In practice, this can therefore lead to the conclusion of a valid, binding the parties contract based on the exchange of e-mails. What’s more, even introduced an additional ”door” force in B2B relations, according to which:

Electronic form

To preserve the electronic form of legal action it is sufficient to file a statement of will in electronic form and affixing it with a secure electronic signature verified with a valid qualified certificate. The statement of will made by electronic means is equivalent to a statement of will filed in writing, unless the law or a legal transaction provides otherwise (art. 78¹. § 1 of the Civil Code).