Main issues related to the protection of historic real estate: topic outline

The aim of the article is on the one hand to indicate and briefly characterise the main – although for obvious reasons not all – problems concerning the protection of historical monuments in Poland in general, and real estate monuments in particular, against the background of the general description...

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Main Author: Kamil Zeidler
Format: Article
Language:English
Published: MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND) 2019-12-01
Series:Nieruchomości@
Subjects:
Online Access:http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0013.5918
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author Kamil Zeidler
author_facet Kamil Zeidler
author_sort Kamil Zeidler
collection DOAJ
description The aim of the article is on the one hand to indicate and briefly characterise the main – although for obvious reasons not all – problems concerning the protection of historical monuments in Poland in general, and real estate monuments in particular, against the background of the general description of the cultural heritage protection law. These problems are already present when trying to define the object of protection; they are substantially related to the issue of social interest (often referred to as public interest or common interest) and come out in full light, in the process of applying the law, when dealing with the issue of too wide a scope of discretionary power of the historic monuments protection authority. On the other hand, and even more importantly, the aim here is to indicate the problems that must be taken into account when planning the necessary changes to the law on the protection of historical monuments, first of all the Act on the Protection and Care of Historical Monuments of 23 July 2003, which is often referred to as the „constitution for the protection of historical monuments in Poland”. Lack of reaction to negative events, including undertaking appropriate legislative actions, but also those aimed at improving the quality of law application by institutions for the protection of historical monuments, will often lead to irreversible and irreparable changes in the Polish national heritage.
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spelling doaj.art-2c7ac4e5841e43ed927569f5df1fa9312022-12-22T03:17:54ZengMINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)Nieruchomości@2657-82472719-80302019-12-0133708010.5604/01.3001.0013.591801.3001.0013.5918Main issues related to the protection of historic real estate: topic outlineKamil Zeidler0Uniwersytet Gdański Wydział Prawa i Administracji Katedra Teorii i Filozofii Państwa i PrawaThe aim of the article is on the one hand to indicate and briefly characterise the main – although for obvious reasons not all – problems concerning the protection of historical monuments in Poland in general, and real estate monuments in particular, against the background of the general description of the cultural heritage protection law. These problems are already present when trying to define the object of protection; they are substantially related to the issue of social interest (often referred to as public interest or common interest) and come out in full light, in the process of applying the law, when dealing with the issue of too wide a scope of discretionary power of the historic monuments protection authority. On the other hand, and even more importantly, the aim here is to indicate the problems that must be taken into account when planning the necessary changes to the law on the protection of historical monuments, first of all the Act on the Protection and Care of Historical Monuments of 23 July 2003, which is often referred to as the „constitution for the protection of historical monuments in Poland”. Lack of reaction to negative events, including undertaking appropriate legislative actions, but also those aimed at improving the quality of law application by institutions for the protection of historical monuments, will often lead to irreversible and irreparable changes in the Polish national heritage. http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0013.5918cultural propertycultural heritagenational heritageprotection
spellingShingle Kamil Zeidler
Main issues related to the protection of historic real estate: topic outline
Nieruchomości@
cultural property
cultural heritage
national heritage
protection
title Main issues related to the protection of historic real estate: topic outline
title_full Main issues related to the protection of historic real estate: topic outline
title_fullStr Main issues related to the protection of historic real estate: topic outline
title_full_unstemmed Main issues related to the protection of historic real estate: topic outline
title_short Main issues related to the protection of historic real estate: topic outline
title_sort main issues related to the protection of historic real estate topic outline
topic cultural property
cultural heritage
national heritage
protection
url http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0013.5918
work_keys_str_mv AT kamilzeidler mainissuesrelatedtotheprotectionofhistoricrealestatetopicoutline