General Theory for Curing of Administrative Act
The origin of intention of public administration is the power which has been vested to the administration by law; therefore conformity of administration’s intention with law is the condition precedent of making legal effects resulted from administrative act. However, sometimes the administrative act...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2017-05-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
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| Online Access: | https://qjpl.atu.ac.ir/article_7433_f3b14d51a5fd95dc692b35b5f2836bea.pdf |
| Summary: | The origin of intention of public administration is the power which has been vested to the administration by law; therefore conformity of administration’s intention with law is the condition precedent of making legal effects resulted from administrative act. However, sometimes the administrative act has been established but it lacks a number of legal conditions which has been named as the so called “defective administrative act” which in turn needs to be dealt with by developing proper theories. In this article, the concept and nature of administrative act will be reviewed briefly and the necessity of making distinction between conditions of administrative formation with essential conditions will be discussed, based on which the grounds of annulment will be distinguished from the grounds of invalidation, in one hand, and on the other hand administrative act will be categorized in three respects: valid administrative act, defective administrative act and annulled administrative act. Later, focusing on defective administrative act, and its variations, including annulment, revocation, withdrawal, and curing, curing of administrative act, as well as its nature and conditions, will be discussed. |
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| ISSN: | 2345-6116 2476-6216 |