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Semantic aspects of research on the application of private law in the public sector within the legal culture of Continental Europe (with particular emphasis on Polish experience)

Author

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  • Rafal Szczepaniak

    (Faculty of Law and Administration, Adam Mickiewicz University, Poznan, Poland)

Abstract

As you know, the language level is one of the main research areas of jurisprudence. The author puts forward the thesis that the adopted language apparatus has a significant influence on the research results in legal sciences. This is particularly evident in the analysis of the application of private law to the public sector. The article indicates the semantic problems faced by the author analyzing the application of private law in the public sector. The source of these problems is the adjective "public" that appears in many terms. In addition, there are problems of comparative nature. There is a phenomenon of non-translation of terms from individual languages. Other problems consist in the fact that the use of certain concepts is associated with the adoption of certain initial assumptions. Not always, the authors who write about the application of private law in the public sector are aware of this. An example of such a situation is the concept of "Fiskus".

Suggested Citation

  • Rafal Szczepaniak, 2018. "Semantic aspects of research on the application of private law in the public sector within the legal culture of Continental Europe (with particular emphasis on Polish experience)," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(2), pages 324-356, June.
    • Handle: RePEc:asr:journl:v:8:y:2018:i:2:p:324-356
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    More about this item

    Keywords

    semantic areas of jurisprudence; the application of private law in the public sector; public law contract; division into public law and private law.;
    All these keywords.

    JEL classification:

    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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