One speaks of administrative private law, if the administration fulfills functions of the administration in the form of private law directly. This is the case, if the administration is e.g. under private law in the range of the precaution for existence, like the gas, water and Stomversorgung, active. In these cases the administration, although it is active under private law, is bound directly and in its entirety to the fundamental rights. Administrative private law prevents thus an escape of the administration before the fundamental right connection ("“escape in private law"”).

See also: Public mechanism, two-stage theory

Articles in category "Administrative private law"

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