PL EN


2013 | 11 | 25-41
Article title

Moc wiążąca decyzji administracyjnej w postępowaniu cywilnym

Title variants
PL
Binding force of an administrative decision in civil proceedings
Languages of publication
Abstracts
EN
The purpose of this article is to clarify the legal nature and extent to which a civil court is bound by an administrative decision and establishing its legal basis. The author advocates for the view, according to which only the operative part of an administrative decision, i.e. the norm of conduct set up in an individual and specific normative act (administrative act), binds the court in civil proceedings. The civil court has no jurisdiction to deal with legal arrangements within the area reserved for administrative competence, i.e. in cases settled by an administrative act. While civil court may make its own establishments of facts, it is not authorized to derive from such facts any legal consequences that may only arise from an administrative act. The court is also not authorized to examine the correctness of an administrative act, even in case of its „absolute nullity”. The court is bound by a decision in matters of fact, or in matters of law. Binding in matters of law takes place if the decision is characterized by so-called „extended efficiency”, i.e. it regulates the legal regime of the property.
Year
Issue
11
Pages
25-41
Physical description
Contributors
  • Wydział Prawa i Administracji Uniwersytetu Warszawskiego
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-b625ac3f-3800-452d-8e81-7ce42f4611ae
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