Journal of Modern Science (Jul 2019)

The rigor of immediate enforceability in investment processes in construction sector

  • Sebastian Krzysztof Bentkowski

DOI
https://doi.org/10.13166/jms/110138
Journal volume & issue
Vol. 41, no. 2
pp. 233 – 24

Abstract

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Objectives The rigor of immediate enforceability in investment processes in construction sector Material and methods The legal dogmatic method. The study of legal acts and case law. The study was based mainly on the provisions of the Code of Administrative Procedure and judgments in cases of giving or refusing to give effect to rigor of immediate enforceability in investment processes in construction sector Results The need for in-depth analysis in this area is a result of the necessity and diversified case-law in the assessment of circumstances that give rise to the immediate enforceability regime, as well as possible damages that may be caused by the wrong decision of the authorities in this respect. Conclusions Making such administrative acts feasible may take place when there is a premise of"indispensability" to immediately execute the content of the decision due to certain protected rights, such as protection of health or human life, protection of the national farm from heavy losses, other social interest or an extremely important interest of a party

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