What is forma umowy?

Forma Umowy (Form of Contract)

The forma umowy, or form of contract, in Polish law refers to the legal requirements regarding how a contract must be created and expressed to be valid and enforceable. Polish law recognizes several forms, each with varying degrees of formality, impacting the legal consequences of the agreement.

The primary forms of contract include:

• Forma pisemna (Written Form): This is the most common form, requiring a written document signed by all parties. A handwritten signature is generally required.

• Forma pisemna z datą pewną (Written Form with Certified Date): This form requires the written form plus official certification of the date of signature by a notary or other designated authority. This is important for evidentiary purposes, particularly when establishing priority among multiple creditors.

• Forma pisemna z podpisem notarialnie poświadczonym (Written Form with Notarized Signature): This form requires a written document with the signatures of the parties certified by a notary. The notary confirms the identity of the signatories.

• Forma aktu notarialnego (Notarial Deed Form): This is the most formal form, requiring the entire contract to be drawn up and executed as a notarial deed (akt notarialny) by a notary public. This is mandatory for certain types of transactions, most notably real estate transfers.

• Forma dokumentowa (Document Form): Introduced more recently, this form is satisfied by any document that allows establishing the person making a statement of will. It does not require a handwritten signature, and can include, for example, an e-mail or a text message.

The law often specifies the required form for particular types of contracts. Failure to comply with the prescribed form can render the contract invalid or unenforceable, depending on the specific legal provisions. The consequences of failing to use the proper form can range from ad probationem (for evidentiary purposes only) to ad eventum (invalidity).