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Przekazanie szkoły pomiędzy jednostkami samorządu terytorialnego – zagadnienia ogólne

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Zięty J. J.
Studia Iuridica
|
2020
|
vol. 85
254-270
PL
The subject of this article is the specific issue of transferring a school between a commune and a poviat. The author comes to the conclusion, that despite the statutory changes, the substantive regulations have not changed. It should still be assumed that the provisions of the Education Law are special provisions in relation to the Act on Municipal Self-government, the Act of Poviat Self-government and the Act of Public Finances. Transferring school management is also entrusting the taking over unit with the implementation of an educational task consisting in running a school of a given type and carrying out an educational task in this regard. The transfer of the task is associated with the settlement of detailed property or organizational elements by agreement. The transfer based on labor law or in organizational matters constitutes a change of the governing authority without the formal liquidation of the school. In other areas, it is necessary to apply the provisions of civil law, including the provisions on the assignment of obligation.
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