Purchase of a cultural object from a non-owner: selected problems Cover Image

Nabycie własności dobra kultury od nieuprawnionego. Wybrane zagadnienia
Purchase of a cultural object from a non-owner: selected problems

Author(s): Alicja Jagielska-Burduk
Subject(s): Museology & Heritage Studies, Civil Law, International Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: acquisition of ownership of property; unlawful vendor; cultural objects; cultural property; movable thing; eternal rhombus

Summary/Abstract: Acquisition of ownership of movable property is of particular significance in the trade in cultural objects. Legal systems adopt different solutions which either allow or disallow acquisition in good faith of ownership of movable property. Another issue of importance is regulation governing the object of a transaction which is an item of cultural heritage. Under Polish law each item of movable property receives the same treatment with regard to the legality of a transaction. From the point of view of the trade in cultural objects, acting in good faith when purchasing such objects becomes of particular importance. The model of such acquisition is here shaped by legal principle, earlier judicial decisions as well as practices prevailing in the art market. Partial solutions of the issues discussed in the paper will be achieved after the adoption of an amended law on found property, in which objects entered into a national register of lost goods have been covered by a special legal regime

  • Issue Year: 1/2015
  • Issue No: 1
  • Page Range: 119-134
  • Page Count: 16
  • Language: Polish