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Title:

Agreement on the charges for staying at a nursing home in the case law of administrative courts

ORCID:

0000-0001-7320-3894

Subject and Keywords:

administrative agreement   administrative decision   law   social assistance   nursing home   case law of administrative courts

Abstract:

This paper is devoted to the issue of concluding an agreement on the charges for staying at a nursing home in the case law of administrative courts. The debated issue is based on a very extensive case law and against this background the most important problems are discussed. The first problem concerns the sources and forms of participation in the cost of maintaining a person in a social welfare home. In the case law of administrative courts a prevailing view is that law is the source. Other opinion says that the source is an administrative decision. The second opinion cannot be accepted. The views in the case law of the courts tend to conclude that the source of the duty is the law and the agreement individualizes this obligation. Another issue concerns the refusal to conclude an agreement on participation in the cost of maintaining a person in a social assistance home. In this situation, in the case law a prevailing view is that an agreement may be replaced with a central administrative decision.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2016

Date copyrighted:

2016

Identifier:

ISSN 0524-4544   ISSN 0239-6661

DOI:

10.19195/0524-4544.320.7

Source:

PAd P 101182 II

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3705. Prawo, ISSN 0524-4544, 2016, 320, s. 107-119

Is part of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg