The mouth deal is binding. The court may consider it important, and you will lose your money

Many Poles inactive live in the belief that what was not written on paper and signed has no legal power. A "mouth deal" is frequently treated as a gentleman's agreement, whose break-up threatens at most to lose face. This is an highly dangerous story which, in 2025, in the age of digital communication, can lead to major financial losses. According to Polish law, the oral agreement is in rule as crucial and binding as its written equivalent. The court will not hesitate to admit its existence if you supply adequate evidence. And those, in the era of smartphones and communicators, are more than always before. Whether you lend money to a friend, you order a tiny service or buy a utilized car – your words have power. It is worth to realize erstwhile the oral agreement is legal, how to effectively assert your rights and, most importantly, how to avoid costly traps resulting from underestimating the force of verbal arrangements.

When is simply a “face deal” full legal? General principle

The basis of Polish contract law is the rule of freedom of contract, as defined in Article 3531 of the civilian Code. It states that the contracting parties may establish a legal relation at their discretion, unless its content or intent opposes the characteristics of (nature) relations, laws or principles of social coexistence. Keyly, this provision does not impose a circumstantial form for most contracts. This means that unless the law provides otherwise, the contract may be concluded in any form – besides orally.

In practice, this concerns a immense number of everyday situations. The debt agreement (even for respective 1000 PLN), the work agreement (e.g. website execution, area renovation), the contract of order (e.g. childcare) or the contract of sale of movable items (e.g. telephone, furniture) – all of them are full valid erstwhile concluded orally. The Parties agree on key conditions (which, for what, when), shake hands and are legally bound from that point on. The problem is not in the validity of specified an agreement, but in proving it in the event of a dispute.

Exceptions to the rule. erstwhile are words not enough?

Of course, Polish law provides for situations where a peculiar form, usually written or notarial, is required for the validity of the contract. Failure to keep this form causes the agreement is absolutely invalid and has no legal effect, even if both parties wanted to include it. It is worth knowing these key exceptions so as not to exposure yourself to problems.

Special forms shall include:

• Property transfer (sale, donation): A form of notarial act is always required. The deal to sale the flat is void.
• Employment contract: It should be written. If it is not, the employer must at the latest confirm in writing the key findings to the worker on the day of commencement of work.
• Lease agreement: It must be included in writing under the rigor of invalidity.
• Transfer of copyright: It requires that the written form be maintained under the rigor of annulment.
• Contract of civilian partnership: It should be written.

If your contract is not in any of these categories, it is likely that its oral form is full binding.

Key to win in court: How to prove oral contract in 2025?

The biggest challenge for oral contracts is the burden of proof. It is for the individual who claims (e.g. repayment of the loan) to show to the court that the contract has actually been concluded and what its conditions were. Fortunately, in modern times, the evidence arsenal is much wider than the "word against word".

Here's what might be a strong evidence in the court in 2025:

• Messages and emails: Correspondence with Messenger, WhatsApp, SMS or e-mails, in which pages mention to the arrangements (e.g. "Hi, erstwhile will you return the PLN 2000 we talked about?" or "I confirm that I will execute the page for PLN 3000 by the end of the month).
• Witness statements: Persons who were present at the conclusion of the contract or who were told by 1 of the parties about its terms. Their evidence is complete evidence.
• Transfer confirmations: The transfer of an advance or an full amount with an appropriate title (e.g. ‘loan to Anna Kowalski’ or ‘an advance for painting an apartment’) is simply a very strong proof of the existence of an obligation.
• Partial performance of the contract: If the client started work and you accepted it, or if the borrower paid the first installment, it indirectly proves that there had to be a contract.
• Phone records: Although the question of the legality of recording without consent is complex, courts increasingly let specified recordings as evidence in civilian matters, especially if they were the only way to prove their point.

Secure your business. Better prevention than the process

Knowing that an oral agreement is crucial is 1 thing. The second most crucial issue is prevention. The judicial process is always a last hotel – it is costly, time-consuming and stressful. Therefore, it is always worth pursuing a minimum written trace of the findings.

Golden rule: After any major oral contract, send the another side a brief summary of the arrangements by email or SMS. Something like, “Hi, I confirm today’s arrangement: I lend you PLN 3000, the return date to 31.12.2025. Is that right?’ Even failure to answer can be interpreted in your favour in court. And if the another side writes "OK", you have almost unquestionable proof.

For larger amounts or more complex services, do not be afraid to insist on a simple, one-page deal. Free designs are available online, which can be easy adapted. It's a tiny effort that can spare you giant problems in the future. Remember – the cautious always insured, and in the planet of finance and commitments words are of large importance, but the writing gives peace.