STATE TREASURY WARRANTIES AND COMMERCIAL INSURANCE - A COMPARATIVE ANALYSIS
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The institution of warranty of the payment of compensation for damaged, destroyed or stolen exhibits functioning in Polish law thanks to the Statute of 8 May 1997 [PGuSP] on warranties and guarantees provided by the State Treasury and select legal persons should be without doubt circulated within the exhibition activity of state and self-government museums. A contribution to the attainment of this target will be certainly made by a planned change of the minimum joint value of exhibits, demanded by article 23 par. 1 of PGuSP, determining efforts for the reception of a warranty. Up to now, the practical usefulness of the mentioned institution was rather slight owing to the mentioned financial criterion, to be met only in the case of a limited number of exhibitions. The rejection of commercial insurance and the application, as frequently as possible, of the institution of the payment of compensation for damaged, destroyed or stolen exhibits should be connected with reflections on the differences between the warranty of the State Treasury and the insurance institution. The warranty and insurance contracts are two totally different and distinct civil law institutions. The warranty of a payment of compensation for the damage, destruction or theft of uninsured exhibits, provided by the Council of Ministers in the name of the State Treasury, could successfully replace commercial insurance, guaranteeing optimum protection for the financial interest of a foreign subject rendering available museum exhibits. In order to attain this goal it is necessary to effectively expand the liability of the exhibition organiser (article 473 of the Civil Code). It must be kept in mind that the construction of a warranty is based on the principle of accessoriness*.
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