Cultural Heritage As a Legal Hybrid : Between Public and Private Law

This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection. Acknowledgements Contents Chapter 1: Introduction References Chapter 2: Cultural Heritage: Legal Concepts and Protection 2.1 Introduction 2.2 Cultural Heritage as a Legal Concept 2.3 Tangible and Intangible Assets 2.4 The Legal Concepts of Res (Material Objects) and Collection 2.4.1 Things 2.4.2 Sets of Things 2.5 Publicization of Private Law and the Protection of Cultural Heritage in the Civil Code 2.6 Civil Law Principles and Cultural Heritage Protection 2.7 Conclusions References Chapter 3: Cultural Heritage Forms: Legal Challenges 3.1 Introduction 3.2 The Human Body and Cultural Heritage 3.3 Cultural Heritage in and from Outer Space 3.4 Intangible Cultural Heritage 3.5 Artificial Intelligence, Art, and the Protection of Historical Objects 3.6 Contemporary Works of Art, e-Heritage, and Cultural Heritage 3.7 Detailed Regulation of the Protection of Cultural Heritage Based on the Example of the Heritage of Fryderyk Chopin 3.8 Conclusions References Chapter 4: A New Approach to Cultural Heritage and the Legal Regime of Common Resources in Poland 4.1 Introduction 4.2 Public Ownership and Distribution Models: Between Public and Private Rights 4.2.1 Mineral Rights 4.2.2 Water Rights 4.2.3 The Legal Status of Animals 4.3 A Holistic Approach to Cultural Heritage and the Process of Classifying Property 4.3.1 A Holistic Approach to Cultural Heritage in Polish Law and the Process of Classifying Property 4.3.2 A Holistic Approach to Cultural Heritage in Selected Acts of International Law 4.4 Conclusions References Chapter 5: Polish Private Law and Cultural Heritage 5.1 Introduction 5.2 Between Property and ``Property ́ ́ 5.3 Res Extra Commercium and the Polish Cultural Heritage Law 5.3.1 Museum Exhibits 5.3.2 Archival Materials 5.4 The Legal Status of National Treasures Belonging to Public Collections 5.5 State Ownership of Archaeological Artefacts 5.6 Ownership of Cultural Objects Entered in the National Register of Lost Cultural Property 5.7 Legal Status of Found Movable Monuments or Archival Materials 5.8 The Legal Status of the Treasure Trove 5.9 Conclusions References Chapter 6: Cultural Heritage Protection in Private Law: In Search of New Solutions 6.1 Shared Responsibility for Cultural Heritage 6.2 Private Property in Cultural Heritage Protection 6.3 No ``Res ́ ́? Dereification of Cultural Heritage: Future or Myth References Chapter 7: Conclusions and Projections References