Public Law Fund
In Austrian law, a form of legal person under public law is called a fund under public law.
Definition and demarcation
In addition to the institution under public law and the corporation under public law , the funds are the most important organizational form of legal entities under public law. Funds are used to manage cash or other assets. The Austrian legislature also occasionally uses the term foundation (see, for example, Section 1, Paragraph 1 of the ORF-G). Unlike in private law, however, the distinction between fund and foundation is of secondary importance in public law.
Funds can have legal personality ; in this case they are called independent funds . If they also have their own organs, they are called real independent funds . Funds without legal personality, such as the disaster fund under the Disaster Fund Act , are referred to as dependent funds or management funds .
Examples
- Environment and Water Management Fund
- Family burden equalization fund
- Housing Fund
- State Health Fund
- Landeskulturfonds
- Road Safety Fund
- Austrian Film Institute
- National Fund of the Republic of Austria for Victims of National Socialism
- General Settlement Fund
literature
- Walter Antoniolli and Friedrich Koja : General administrative law . Manz, Vienna 1986, p. 299 .
- Ludwig K. Adamovich, Bernd-Christian Funk, Gerhart Holzinger, Stefan L. Frank: Austrian constitutional law . IV. General Lessons of Administrative Law . Springer, Vienna / New York 2009, ISBN 978-3-211-85486-0 , Chapter 46. Basic organizational terms .
- Friedrich Koja: The concept of the legal person under public law . In: Journal for Administration . 1984, p. 489 sqq .
- Dietmar Pauger: The legal person under public law and the legal person under private law . In: Journal for Administration . 1986, p. 1 sqq .
