Monitor Prawniczy

no. 5/2016

Remarks on the new definition of the document and documentary form

Jarosław Grykiel
Autor jest adiunktem na Wydziale Prawa i Administracji Uniwersytetu im. Adama Mickiewicza w Poznaniu oraz radcą prawnym.
Abstract

The article critically analyses the amendment to the Civil Code introducing a new form of legal acts-the so-called documentary form. The direction of legislative changes itself corresponds with the tendency to automate trade and generally deserves to be approved. However, the wording of the amended provisions, and in particular that they are too vague and the definitions are not clear-cut, are to be criticized. The legislator neither seems to have any definite idea as to the application of the new form, which is evidences by very few regulations in which it has been provided for. It seems that the present documentary form provisions fail to play the role assigned by the legislator, and what is more they introduce some confusion in the previous regulation concerning the form of legal acts. For this reason the analysed issues should be discussed again and introduction of relevant legislative changes to remove the existing deficiencies should be reconsidered.