Issues of Sources of Remuneration and Reimbursement of Expenses of the Curator of the Estate Appointed by the Administrative Court

Abstract

The curator of the estate may be established by a common court not only from office but also at the request of an administrative court. The rules determining the award of remuneration for actions taken before an administrative court in such a case come from procedural and material law provisions. However, they do not provide in an exhaustive way all the cases of granting remuneration to the curator of the estate in respect of the performed function. As a result, there is a need to solve such problems involving rules that are not explicitly expressed in the applicable regulations. This leaves the possibility to propose solutions for this kind of situation in practice. Due to the demand for consistency of the legal system, it is necessary to attempt to identify the entities responsible for covering receivables on the basis of the applicable regulations. Depending on the actions taken by the curator of the estate, this may be a court of inheritance or a governmental or local government administration body. Due to the postulate of legal certainty, it is necessary to postulate taking into account the legal opinions functioning in the literature in order to introduce regulations that will be considered exhaustive, from the point of view of entities applying the law.

Keywords

• kurator spadku
• zasady przyznawania wynagrodzenia
• sądy administracyjne