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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Main Author: مهدی هداوند
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2017-05-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:https://qjpl.atu.ac.ir/article_7433_f3b14d51a5fd95dc692b35b5f2836bea.pdf
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author مهدی هداوند
author_facet مهدی هداوند
author_sort مهدی هداوند
collection DOAJ
description 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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spelling doaj.art-278dec0b615e425fa71d4cd3a44b49622024-01-10T10:50:37ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162017-05-01185419721710.22054/qjpl.2017.74337433General Theory for Curing of Administrative Actمهدی هداوند0مدرس دانشگاهThe 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.https://qjpl.atu.ac.ir/article_7433_f3b14d51a5fd95dc692b35b5f2836bea.pdfadministrative actcuringgrounds of invalidationdefective administrative actformation
spellingShingle مهدی هداوند
General Theory for Curing of Administrative Act
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
administrative act
curing
grounds of invalidation
defective administrative act
formation
title General Theory for Curing of Administrative Act
title_full General Theory for Curing of Administrative Act
title_fullStr General Theory for Curing of Administrative Act
title_full_unstemmed General Theory for Curing of Administrative Act
title_short General Theory for Curing of Administrative Act
title_sort general theory for curing of administrative act
topic administrative act
curing
grounds of invalidation
defective administrative act
formation
url https://qjpl.atu.ac.ir/article_7433_f3b14d51a5fd95dc692b35b5f2836bea.pdf
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