Szczególna ochrona własności w ramach krajowego rejestru utraconych dóbr kultury
Journal Title: Transformacje Prawa Prywatnego - Year 2018, Vol 2, Issue 2
Abstract
The article focuses on the National Register of the Lost Cultural Property (NRLCP) as a new so-called public register in the Polish legal system. Public registers, including records accessible to the public, are organized with the purpose of triggering specified effects within material law. An entry in the NRLCP, according to the amendment of the Polish Civil Code, should eliminate the possibility of acquiring an ownership of an object included in the Register from a non-entitled person. In this way the legislator tries to solve the problem of losing a cultural property by original owners due to thefts, burglaries and misappropriations. Those crimes have usually resulted afterwards in acquiring the ownership by the purchasers remaining in good faith. From now on, such acquisition of the cultural property shall be impossible. The text is divided into three parts. In the first part the author stresses reasons for existence of special solutions in the framework of civil law for the cultural property. Second part is devoted to the rules that compose the way in which the NRLCP should function. The third and the most significant part of the article addresses the issue of material-law effects of the entry in the NRLCP. All reflections are centred around the question whether the new regulation is appropriate and effective in protecting a cultural property.
Authors and Affiliations
Kacper Górniak
Keywords
Related Articles
- EP ID EP514743
- DOI -
- Views 54
- Downloads 0
Prowizja agenta w czasie trwania umowy (imperatywny czy dyspozytywny charakter regulacji i wynikające z tego konsekwencje)
The text deals with Article 761 § 1 of the Polish Civil Code which is contained in the regulation of commercial agency contract. The provision awards an agent the right to claim commission for contracts concluded with cl...
Domestic trials, and The Struggle for Law: Jhering’s legal dispute w his maidservant as a formative influence on his concept of law
In 1864 and 1865, during close to a year and a half, the famous German law professor and renowned legal expert, Rudolf von Jhering, was caught up in a civil action in his then hometown of Gießen. It had been brought agai...
Possession and possessory remedies in the Draft of Modifications to the Civil Code of Russian Federation in the mirror of Jhering’s doctrine of possession
A core idea behind Rudolf von Jhering’s doctrine of possession is that possession is an external manifestation of the right of ownership. Therefore, as a matter of fact, possessory remedies are aimed at facilitating prot...
Szczególna ochrona własności w ramach krajowego rejestru utraconych dóbr kultury
The article focuses on the National Register of the Lost Cultural Property (NRLCP) as a new so-called public register in the Polish legal system. Public registers, including records accessible to the public, are organize...
Możliwość obniżenia zachowku de lege lata i de lege ferenda
In this paper the author deals with the problem of compulsory portion, which is the most significant restraint of the freedom of testation. In the Polish succession law the testator may freely decide, who shall inherit h...