Effects of administrative act in Iran and Germany

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

Administrative act is the primary core of administrative law. In this article, this concept is examined in German administrative law, which has one of the most complete and transparent laws in this field, and in Iranian administrative law, which does not have any laws in this regard. Here, the German Administrative Procedure Law is discussed as a general administrative law that includes the details and effects of administrative act, along with the state of Iranian administrative law, which is at the beginning of the codification process, in order to compare the two in order to explain the administrative act. to be used in Iran. According to the authors' analysis, the main difference between Iran and Germany's administrative law is in the basic definition of administrative act, which in German administrative law, administrative act include general order and arbitration acts. From the view of executive effects, these acts should be considered according to the state of the act, whether it is correct, defective or invalid. In German administrative law, the effects of administrative act are valid or objectionable according to the correctness or degree of defects. to be or it will be invalid, but in Iranian law, these acts are not clearly specified in the laws, and a theoretical discussion should be raised about it.

Language:
Persian
Published:
Administrative Law, Volume:10 Issue: 33, 2023
Pages:
83 to 103
https://magiran.com/p2538532