Podmiotowość prawna jednostek samorządu terytorialnego

Abstract

The article elaborates on the issue of the legal nature of legal subjectivity (personality) which is given to the entities of local governments. In the doctrine, there is a lack of consistency in the views on whether legal personality, referred to in the Constitution of the Republic of Poland, is a personality merely in the domain of civil law, or also administrative law. In addition, the use of the term ‘legal personality’ in administrative law excites more controversy. Therefore the employment of the term ‘legal subjectivity’ of local government entities should be considered more appropriate than utilising the term ‘legal personality’, both in the domain of civil (private) law and administrative (public) law.