Przypadki łącznego stosowania prawa publicznego i prywatnego
Cases of combined applicati on of public and private law

Summary/Abstract: Application of public law and private law by state administration and state legal entities. The division of public law is often conducted on the basis of subjective criteria. However, from many legal regulations arises the necessity, or even the indispensability, to combine public and private law. An example of this can be expropriation proceedings, which have been regulated in the Real Estate Management Act dated 21st August 1997 in Arts. 112–127. On the one hand, an administrative body issues the decision about expropriation as an act of public legal authority, on the other hand, it applies private law during the stage preceding the issuing of decision, i.e. during negotiations. In contrast, entities such as the National Health Fund (NFZ), which is not a state administrative body within the governing system understanding, by virtue of specific regulations is authorized to issue decisions by its Chairman and branch directors. In view of the above examples, it should be concluded that the division of law into public law and private law on the basis of subjective criteria is not appropriate.

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