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  • 标题:INTERPRETATION OF ADMINISTRATIVE LEGAL NORMS DEMONSTRATING STRONG RELATIONS WITH CIVIL LAW WHICH AIM ENVIRONMENTAL PROTECTION
  • 本地全文:下载
  • 作者:Ewa Katarzyna Czech ; Marta Pietrzyk
  • 期刊名称:Studies in Logic, Grammar and Rhetoric
  • 印刷版ISSN:0860-150X
  • 电子版ISSN:2199-6059
  • 出版年度:2013
  • 卷号:32
  • 期号:1
  • 页码:111-121
  • DOI:10.2478/slgr-2013-0007
  • 语种:English
  • 出版社:Sciendo
  • 摘要:The penetration process of structures traditionally assigned to civil law into administrative law,especially administrative law aiming environmental protection,has been more noticeable through recent years. This process resulted in deepening the absence of a clear separation of private law norms from public law norms. It led to the existence of so-called quasi civil solutions,which can be found for example in the Act on prevention from damages in environment and its repair. Their specificity consists in the fact that they cannot be regarded as civil law structures due to the differences between them and the civil law structures. This legal status sets new challenges for legal theorists as well as practitioners. They concentrate on interpretation of administrative law provisions which were penetrated by civil law structures,taking into account differences between interpretation of administrative and civil law provisions. We should not reject specific character of the civil law provisions’ interpretation and interpret these provisions only by taking into account specificity of administrative law interpretation. Civil law institutions are characterized by a larger field for action, which is left for parties or performers,in comparison to the institutions of administrative law. This specificity of civil law structures should be considered as its advantage that should not be removed in the activities of public authorities.
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