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social assistance beneficiary social contract civil law contract administrative law contract social assistance administration

The aim of the study is to present the role and specificity of contracts in the activities of the social assistance administration. This involves analyzing issues related to the relationship between civil law and public law contracts, the role of contracts as a way of privatizing public tasks, and the approximation of the specific nature of social assistance administration contracts with beneficiaries, including special contracts, social contracts. The paper shows that in social assistance, civil law relationships plays a significant role in the social assistance, and the use of civil law contracts, often modified by the provisions of substantive administrative law in the area of social assistance, often becomes more rational and effective in the administration of social assistance rather than using the administrative power. In addition, a civil law contract may develop the provisions of a specific administrative act. The increasingly unilateral situation of the recipient of social assistance benefits as a subordinated entity becomes a bilateral, contractual and negotiable relationship (the recipient has a real, but often limited ability to influence his rights), but not without the control of the administrative court. Thanks to the use of consensual forms (contracts of mandate), non-public entities can be an equal partner in relations with public administration and effectively participate in the implementation of numerous tasks from the sphere of social assistance. There is also a need to introduce into the Polish legal order an administrative law contract ordering contractual activities of public administration.

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

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ISBN 978-83-66066-03-8

(Prace Naukowe Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego) (E-Monografie ; nr 115)

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