Moc wiążąca decyzji administracyjnej w postępowaniu cywilnym

• Authors: Wyszomirski Łukasz

Title variants

PL

Binding force of an administrative decision in civil proceedings

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.

Keywords

EN

administration; civil proceedings; administrative proceedings; administrative act; binding force; preliminary issue.

• Publisher: LexisNexis Polska Sp. z o.o., Warsaw, Poland
• Journal: Przegląd Prawa Publicznego
• Year: 2013
• Issue: 11
• Pages: 25-41

Contributors

author

Wyszomirski Łukasz

• Wydział Prawa i Administracji Uniwersytetu Warszawskiego