Towards a tradition model of State Attorney Office of the Republic of Poland as an institutional legal representative (for the purpose of litigation) of the State Treasury in private law trading
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The subject of legal representation (for the purpose of litigation) of the State Treasury in private law trading is of utmost importance because of the need to efficiently protect the property interests of the State (public property). The authors, having analyzed the models of the State (State Treasury) representation in different European systems point out that the institution of Public Treasury as well as of the State Attorney Office, i.e. the legal representative of the State (State Treasury) are placed on the border of two regulation methods: public (imperious) method and cooperative (non-imperious) one, and are defined with varying intensity of both aforementioned methods. On the ground of national law, search for the regulatory balance between both of these institutions, until recently, have focused on non-imperious (cooperative) method. At present, aspirations are to be noticed to impose on national legal constructions, symbolizing the State in private law trading, appropriate cohesion (integrity) within the whole legal system, not only one branch of law. Approach of public law nature is dominant, regarding the State as public corporation, constituting, in terms of functionality, an integrity (imperium and dominium). The State Attorney Office is de lege lata the complement of decentralized State Treasury. It is an institutional (as state office) legal representative (for the purpose of litigation) of State Treasury, connecting its organizational legal form to traditional model of this institution, functioning formerly in Polish system, but having its equivalent in Austrian institutional system as well.
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