Warning! AUTOMATIC TRANSLATION FROM POLISH LANGUAGE
- E-leasing – Documentary Form for Leasing Agreements
On July 13, 2025, an amendment to the Civil Code entered into force, introducing significant simplifications in business transactions regarding the conclusion of leasing agreements. The changes affected Articles 709², 709¹¹, and 709¹³ § 2 of the Civil Code, replacing the previous written form requirement with a much more modern documentary form. In practice, this legalizes so-called e-leasing.
Under the new wording, a leasing agreement requires documentary form under pain of nullity. Under the Civil Code, this means that for the effective conclusion of the agreement, it is sufficient to submit a declaration of intent in the form of a document (an information carrier enabling review of its content) in a manner that allows for the identification of the person submitting the declaration.
Requirements regarding ongoing communication in disputes have been relaxed. If the lessee violates the contractual terms of use of the item or makes unauthorized changes, the lessor may issue a written notice. Ignoring this notice entitles the lessor to terminate the agreement with immediate effect, unless the parties have agreed on a different notice period.
The amendment also de-formalizes the debt collection procedure. If the lessee defaults on at least one installment, the lessor may set an appropriate additional deadline for settling the arrears, using written notice. This letter must include information that failure to comply with the deadline may result in immediate termination of the agreement.
This amendment responds to the increasing digitization of B2B transactions. The transition from written notice to written notice de-formalizes the process of concluding leasing contracts. Declarations of intent can now be submitted using widely available electronic means (e.g., email, authorized customer portals), without the need for a handwritten signature or a qualified electronic signature. The implementation of new solutions requires appropriate adjustments to internal procedures and verification of the existing contract templates and general leasing conditions (OWUL).
- E-leasing – Documentary Form for Leasing Agreements
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