Umowa cywilnoprawna i porozumienie administracyjne jako formy działania organów administracji w sferze zarządzania gospodarką państwową
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Date
1987
Authors
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
A civil-law contract and an administrative agreement as forms of the administrative agencies' activity in the management of the state economy
Abstract
The realization of the management tasks by the administrative agencies in
conditions of a decentralized model of the economy requires the tools adjusted to
the wide range of self-dependence of enterprises. The instruments which undoubtedly
meet the above requirements are a civil law contract and an administrative
agreement. The author has carried out the analysis of the said acts defining
their characteristic features and pointing out to the differences between the two
insruments. According to the author, common features of both acts are relatively
equal status of participants (parties) and their unanimous expression of the will
to conclude an act on cooperation. In the author's opinion, the law in force seems to point out to the tendency of
a further development of a civil law contract and an administrative agreement as
forms of the administrative agencies' activity in the management of the state economy.
He indicates that the appearance of new types of bilateral acts and the
transformation of the traditional ones is a natural course for the evolution of legal
forms of the administrative activity. He stresses the need to work out a consistent
conception, expressed in legal norms, of applying those acts by the administrative
agencies. He presented some elements of such a conception and formulated some
postulates as to the future law. Finally, he is against an excessively detailed
legal regulation of the said instruments.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 49, 1987, z. 3, s. 159-174