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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)

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

Juridical Tribune (Tribuna Juridica), 2018, vol. 8, issue 2, 324-356

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".

Keywords: semantic areas of jurisprudence; the application of private law in the public sector; public law contract; division into public law and private law. (search for similar items in EconPapers)
JEL-codes: K15 K23 K33 (search for similar items in EconPapers)
Date: 2018
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