REGULATIONS WITH RESPECT TO CIVIL TURNOVER IN THE ACT ON THE RESTITUTION OF POLISH HERITAGE ASSETS AND THEIR APPLICATION TO MUSEUMS’ OPERATION
It is the legal regulations related to civil turnover specified in the Act of 25 May 2017 on the Restitution of Polish Heritage Assets (consolidated text, Journal of Laws 2019, Item 1591) in the context of the activity of museums and other institutions running a museum activity that is the topic of...
Guardado en:
| Autor principal: | |
|---|---|
| Formato: | article |
| Lenguaje: | DE EN PL |
| Publicado: |
Index Copernicus International S.A.
2021
|
| Materias: | |
| Acceso en línea: | https://doaj.org/article/33e8321f66f84f04a1a9ae482bcdb50d |
| Etiquetas: |
Agregar Etiqueta
Sin Etiquetas, Sea el primero en etiquetar este registro!
|
| Sumario: | It is the legal regulations related to civil
turnover specified in the Act of 25 May 2017 on the
Restitution of Polish Heritage Assets (consolidated text,
Journal of Laws 2019, Item 1591) in the context of the
activity of museums and other institutions running
a museum activity that is the topic of the paper. They
speak of legal activities including ownership transfer or
charge on Poland’s heritage assets pertaining to public
collections, or the ban on acquiring assets from a person
unauthorized to dispose of them or manage them by
prescription, as well as of the non-limitation of claims
for their release. The Author analyses the central concept of the quoted
Act: that of the <u>national heritage assets of the Polish
Republic</u> pertaining to public collections, while discussing
in detail both criteria that are related to it: subject- and
ownership-related ones. He points to the fact that the
definition of public collections it contains is extremely
broad, covering not only public collections in the colloquial
meaning of the term, but also the collections of the majority
of private museums, as well as non-museum collections of
private entities and persons, as long as they have applied
public financing.
In the further part of the paper, the civil-law regulations
specified in the Act are discussed, with special emphasis
on the requested form of the legal actions including the
transfer of ownership or burden (in writing with a certified
date) suggesting that this can apply also to deposit or lending
contracts. He also discusses the praxis and judicature
with respect to the in writing with a certified date pointing
to the possible lack of the awareness of the contract parties
that the object of the contract pertains to a public collection
in compliance with the provisions of the Act, and that the
special contract format should be kept. In this context the
Author presents some practical solutions allowing to avoid
certain negative consequences.
In the conclusion it is emphasized that the regulation contains
certain concepts which might inspire essential interpretative
doubts having impact on the application of the
discussed regulations.
|
|---|