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Page modified: wtorek, lipiec 12, 2011 20:42:42

One calls treasury the state in its role as restaurant economics (contrast: State in its role as sovereignty carriers). Generally linguistic usage is however often understood by "treasury "excluding the financial administration, in the reason thus a not correct use of the term, since this concerns the sovereign aspect of a state in the system of taxation and tax. This is due to an earlier legal distinction, which is not no more met today. It is further common as name for the not sovereign part of the national forest administrations and their forest surfaces.

Of the so-called "treasury theory in former times dominant in the jurisprudence "the treasury had to be designed as independent juridical personality, so that under private law acting the state could be sued of the citizens before the civil courts. Treasury was as epitome for under private law acting the state necessarily, there it only as a Privatmann, not however as authority of control of the tidy courts was subordinate to that extent. The treasury was understood therefore as "the flogging boy "of the state, which could be drawn in this person to the account. Today the figure of the treasury is no longer necessary in view of the complete elaboration of the right state. The fact that under private law acting the sovereignty carrier can be sued also before the civil courts is today natural. It is today recognized therefore that treasury and state are not different legal persons, but is identical that treasury can become thus only understood as name for under private law acting the state. The term is also today still useful thereby for the demarcation of the two mentioned, in principle different roles of the state.

In the political economy the fiscally acting state is regarded particularly under the aspect the fact that it binds large estates and/or moves and so that exerts influence on the national economy.

See also: Public hand

Literature

  • W. Mallmann/K. Zeidler: Barriers of not-sovereign administration, in: Publications of the combination of German public law teachers, Bd. 19, Berlin 1961.

Articles in category "Treasury"

We found here 99 articles.

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Related Websites

We found here 3 related websites.

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