O przyjęciu oferty z zastrzeżeniem zmian lub uzupełnień

Abstrakt

This article concerns the interpretation of Article 68 of the Polish Civil Code. It is generally accepted that Article 68 of the Polish Civil Code establishes the so-called "mirror principle", understood as a directive according to which the offeree must accept the offer in its full extent and only in its extent. The interpretation of Article 68 of the Civil Code carried out in the text aims to demonstrate that it results from the content of this provision that if the offeree accepted the offer, and thus concluded the agreement within the scope of the offer, but made the acceptance with reservation of amendments or additions to the content of the resulting legal relationship, then Article 68 of the Civil Code determines that the amendments or additions are to be construed as a new offer, binding on the former offeree. Although such interpretation of Article 68 of the Civil Code differs from the commonly accepted understanding of its content, it seems to be justified by its wording. Although, on the one hand, it may be argued that its acceptance is the result of a linguistic understanding of the provision, on the other hand, it seems that one cannot ignore the fact that the unclear content of Article 68 of the Civil Code leaves place for multiple interpretations.