Dilemmas Relating to the So-Called Random Form of a Contract Following the Amendment of the Article 77 of the Polish Civil Code

Abstract

The paper discusses the dilemmas of the so-called accidental form of a contract after the amendment of the Article 77 of the Polish Civil Code. The concept of the random form, i.e. a form for execution of a contract that is not required by the law or by the parties, but in fact applied, was and continues to be an issue discussed in Polish legal doctrine. It is relevant in the context of the form required by the Article 77 of the Polish Civil Code for subsequent legal acts aimed at modifying and rescinding a contract, as well as for a termination notice and withdrawal. The amendment of the Article 77 of the Polish Civil Code sheds new light on the discussion.