Subjectivity. Independence. Activity.The legal status of the agencies in the light of theory and l egal considerations
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Podmiotowość. Samodzielność. Aktywność. Status prawny podmiotów agencyjnych w świetle rozwa żań teoretyczno-prawnych
Subjectivity. Independence. Activity.The legal status of the agencies in the light of theory and l egal considerations

Author(s): Ewa Szewczyk
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: agency; entity agency; subjectivity of; economic activity

Summary/Abstract: This article is focused on a topic that is relatively rarely raised in law science and which concerns the issue of legal capacity of agencies. In the study there are discussed the basic assumptions of this issue. Also, the practical aspect of functioning of those units, in particular business activity run by those entities, is presented. Moreover, the author referred to the scope and type of tasks performed by those agencies. The article constitutes an attempt to answer whether the agency entities should be treated as entities subject to administrative or civil law. Taking into account the above mentioned question, it was necessary to refer to the issue of administrative and civil-law capacity. A special analysis was devoted to the issue of identifying agencies with budget or administrative plants. Legal status of agency entities is also analyzed in respect of civil law through the prism of running business activity by those entities. The analysis in this scope showed that in despite their double legal personality it it difficult to recognize agencies as entrepreneurs as stipulated in the civil code regulations or other acts including definition of this term. The article ends with a conclusion that agencies took lasting place in the classification of administrative law entities. Such an opinion was expressed based on the analysis of tasks that are realized by those entities. Additionally, it was underlined that current agencies are present in all development areas. Their activeness is observed in the scale of the entire country (state agencies) as well as region (regional agencies), too.

  • Issue Year: 2014
  • Issue No: 08 (4)
  • Page Range: 47-64
  • Page Count: 18
  • Language: Polish