Extinction of the legal relationship created by a valid and concrete administrative act under the administered’s right

Abstract

Theoretical study that addresses the legal relationships formed between Public Administration and the administered resulting from concrete administrative acts. All the ways of the legal relationship extinction are explained to understand how the legal relationship dissolution impact on the administered’s rights. The thoughts necessarily start to deal with the State’s obligation to deconstruct the legal relationship. Concepts that are doctrinally treated as separate are approximate, especially those of removing an administrative act through overthrow and removing an administrative act through decay. Due to the presumption of legitimacy of administrative acts, a theoretical solution is proposed for understand the studied legal phenomenon by approximating both concepts. Finally, based on this proposition it is stated that the rights acquired by the administered cannot be affected by a legal rule issued subsequently.