APPLICATION CLAUSULA „REBUS SIC STANTIBUS“ IN ADMINISTRATIVE LAW

Abstract

It is known that sometimes scientific fields and their branches overlap and interconnect. Such is the case with the science of law. The aforementioned overlapping occurs between public and administrative law, and thus the stongest link due to its origin between the administrative law which has emerged out from the civil law and then grew into a separate scientific branch. What is to be taken into consideration here is called „a contradictory administrative act“. There were debates about it within the theory on law as being the matter essential for understanding of the notion of legal validity of specific adminsitrative acts. In practice, its meaning is understood within the context of legal safety principle and the rule of law. A fundamental hypothesis could be set as follows: changed factual and legal circumstances may lead to bringing a so-called contradictory administrative act, after which the previous act is no longer in force. The arguments given here are the contradicitons which, due to changed circumstances, lead to confrontations between the contents of legal norms in force at the time of making the acts, as well as between the legal norms and facts that caused bringing of the so-called „contradictory administrative act“.