A legal person – the institution of private or public law? Cover Image

Osoba prawna – instytucja prawa prywatnego czy także prawa publicznego?
A legal person – the institution of private or public law?

Author(s): Adam Doliwa
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwa Uniwersytetu Warszawskiego

Summary/Abstract: The article is devoted to the concept and essence, as well as functions of a legal person in the context of the distinctions of the private and public sector. Notes on the construction of a legal person under the Polish private law (civil) and public law (administrative) were formulated by reference to the example of the local government units, which are defined as entities (legal persons) under public law and are able to perform − on their own behalf − individual rights specified by standards of public law and private law. The scope of the legal personality of the local government units consists in their double personal status; they are both a carrier of imperium and have the right of dominium − in both areas they work in the local public interest.

  • Issue Year: 2013
  • Issue No: 57
  • Page Range: 237-253
  • Page Count: 17
  • Language: Polish