The tendency of public law to permeate and private law on the example of an administrative agreement Cover Image

Tendencja przenikania się prawa publicznego i prawa prywatnego na przykładzie porozumienia administracyjnego
The tendency of public law to permeate and private law on the example of an administrative agreement

Author(s): Paulina Bieś-Srokosz
Subject(s): Civil Law, Public Administration, Public Law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: public law; private law; legal forms; tasks of public administration; administrative agreement; civil law contract;

Summary/Abstract: The dynamically changing catalogue of public administration tasks contributes to the ineffective reconstruction of legal forms that can be used by public administration. There is a noticeable tendency for public law to permeate private law, and more precisely: administrative law with civil law. In principle, such interpenetration should not be a negative phenomenon, as it will consequently contribute to the emergence of new forms of public tasks. However, should this phenomenon be assessed positively? Well, this question will be considered in this article, on the example of an administrative agreement, which should be considered a legal form with features characteristic of both administrative and civil law. The features of the agreement within the meaning of civil law will be presented and discussed, which will be compared with the features of the agreement within the meaning of administrative law, as well as the answer will be given on whether the administrative agreement belongs to a specific branch of law.

  • Issue Year: 2021
  • Issue No: 53
  • Page Range: 17-28
  • Page Count: 12
  • Language: Polish