By a split Nutzungsregelung one understands the combination of a act of administration with a civil contract.

The executive can select the right construction of the split Nutzungsregelung, in order to form out a permission by a act of administration, the details however in form of a contract. Such split Nutzungsregelungen are usual with the permission for the use of public mechanisms as for instance community centres.

The advantage of this Konstruktes is the administrativejudicial examinableness of the decision of general principle - permission and/or malfunctioning. "Whether "- decision falls thereby in the context of sovereign force.

The details ("like "- decision), as for instance use-repay, to compensation, reimbursement of costs etc. can into contractual forms be dressed and thus with differences between the Contracting Parties before responsible civil courts be clarified. The Konstrukt serves thereby the simplification of the administrative action and a revaluation of the citizen. In the framework "like "- decision goes the state on those legally same level with the citizen - it thus two equal contracting parties face each other.

Split Nutzungsregelung is particularly suitable in the ranges, within which the authority civilian contracts makes comparable actions, which must be regulated however due to appropriate standards by act of administration. The split Nutzungsregelung differs by its on the one hand sovereign regulation portion and on the other hand civilian regulation portion of the public contract, which presupposes a complete going off a sovereign regulation ("§ 54 VwVfG).

Example: The municipality determines publicly by act of administration a market. The condition-repaid, obligations and rights of the Marktbeschicker are regulated by contract and not by market regulations in form of a statute, whose change and adjustment are most lengthy to the current conditions by the regulations of the respective Gemeindeordnungen in form and by the periods and decision authority which can be kept. The municipality and its business partner achieve in this way a higher flexibility during the definition of the prices, deductions and other regulations.

Articles in category "Split Nutzungsregelung"

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