Today’s Legal Enlightenment (Wednesday, 08 March 2023)

by | May 16, 2023 | Legal Enlightenment | 0 comments

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DEMOLITION WITHOUT PRIOR NOTIFICATION MUST BE SUED FOR CONDUCTING AN UNLAWFUL ACT BY THE AUTHORITIES (ONRECHTMATIGE OVERHEIDSDAAD) IN GENERAL
COURT

Whereas because the demolition was carried out without a warrant/notification in advance, the demolition is a factual act and is not the authority
of the State Administrative Court to examine and resolve it but must be sued for conducting an unlawful act by the authority (onrechtmatige overheidsdaad) in the General Court.
 

Supreme Court Decision No. 144 K/TUN/1998, dated 29 September 1999.
 
Source:
Book of RI Supreme Court Jurisprudence, Publisher: RI Supreme Court, 2000, page 495.
 
Best regards,
Fredrik J. Pinakunary


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