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ISSUES IN CIVIL LAW AND CIVIL PROCEDURE

Vol. 120 (2020): Założenie racjonalnego prawodawcy w polskim porządku prawnym. Księga Jubileuszowa z okazji siedemdziesięciopięciolecia Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Some problems of the form requirements regulation

DOI
https://doi.org/10.19195/0137-1134.120.75
Submitted
July 1, 2020
Published
2020-07-01

Abstract

In the discussion on the need and scope of the possible reform of form requirements regula-tions, one must not lose sight of the basic purposes of these regulations. It is intended to indicate ca-ses in which it is necessary to maintain a specific form, to determine what is necessary to maintain it and to determine the consequences of failure of a specific form. Although the provisions on the form are heterogeneous in nature, they should be considered as the whole from a legislative perspective. Considering this, the article deals with selected problems of form requirements regulations. Howe-ver, it is neither a detailed analysis of specific provisions nor a proposal for de lege ferenda solutions. The main aim of the study is to draw attention to the need to look for such directions of legislative solutions which would ensure the clarity of regulation and its systemic coherence and which could be adopted regardless of the established model of legal regulations.