DEFINICJA ZABYTKU NIERUCHOMEGO W PRAWIE POLSKIM I FRANCUSKIM
DEFINITION OF THE IMMOBILE HISTORICAL MONUMENT IN POLISH AND FRENCH LAW
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The term 'historical monument' appeared in the vernacular, but has numerous designates since a characteristic feature of the vernacular is the spontaneous emergence of concepts, without the necessity of their rigid systematisation. Defining an immobile historical monument for the purposes of the application of the law calls for resorting to suitable regulations foreseen in the statute of 23 July 2003 on the protection of historical monuments, the regulations of the statute of 21 August 2007 on real estate administration, and the civil code. The aforementioned regulations state that an immobile historical monument can denote real estate as a whole, its component or real estate complexes. An immobile monument can also designate space historically shaped due to man's activity, containing the products of civilisation and natural elements (the cultural landscape), while protection foreseen for immobile monuments may encompass also their surrounding. French law does not have a special statute formulating a definition of the historical monument. Book VI of 'Code du patrimonie', in force since 2004, concerns historical monuments and contains separate regulations on immobile and mobile monuments, presented in distinct sections. Immobile monuments are divided into two groups, but affiliation is based on a formal criterion of inclusion in a suitable register. The text of the statute does not define the nature of a monument and merely describes which real estate can be registered as historical monuments, and which - placed on a supplementary list (literally known as an additional inventory). The difference between classified (i. e. registered) monuments and listed ones relates to the range of state intervention and the scope of subsidizing the construction work conducted in the case of such monuments. France is familiar also with the concept of the natural monument, whose legal status is defined by the regulations of 'Code de l'environnement'. Both types of immobile monuments can be subjected to the procedure of view protection, which either coincides with work on the registration (or the list) or is performed later. In Poland and France conservation authorities deciding on the historical character of real estate or the need to protect an immobile monument, act independently of the decisions of spatial development plans.
- dr, jest adiunktem w Instytucie Prawa Cywilnego Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego. Aplikację sądową zrobiła w latach 2004-2007. Obecnie jest członkiem Samorządowego Kolegium Odwoławczego we Wrocławiu.
- Drela Monika, Uniwersytet Wroclawski, Instytut Prawa Cywilnego, ul. Uniwersytecka 22/26, 50-145 Wroclaw, Poland
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