Rozważania nad kształtem prawa o ochronie dóbr kultury

• Authors: Misorowski Andrzej

Title variants

EN

PROTECTION CONSIDERATIONS ON THE FORM OF THE LAW ON THE OF CULTURAL PROPERTY

• Languages of publication: PL EN

Abstracts

EN

The reason to take up this subject is a resumption of the discussion on the proposed amendments to the law on the protection of cultural property as well as a fe a r not to overlook the essence of the substantial problem which has its expression in the content of the notion of „historic monument” , while searching for precise legal formulations. The problem seems to be important inasmuch as with very intensive and fruitful practical conservation activities in Poland there are no thorough comprehensive theoretical studies based on the examination of the meaning and role of historic monuments in the society. This situation poses a danger that insignificant forces and means th at are still a t the disposal of conservation services will be used for some other, not always appropriate, tasks. The second reason is an anxiety about the multitude of investment functions imposed on conservation services, which is to say that they have been assigned an unsuitable role. The result of this is the fact th at users and owners of historic monuments give up their efforts to maintain these structures in a satisfactory condition. To a large extent, disposers of monuments consider conservation services as a sponsor of repair work. Until recently, even bodies of state and economic administration have fa iled to notice economic and practical values inherent in old buildings. Such an appraisal of the existing condition allows us to put forward a thesis on the need to position legal foun dations in a way which will make it possible for conservation services to operate properly. O f greatest importance is however a proper definition of the subject of protection, which would not permit to lessen the resources of material cu lture. A hitherto legal division into „cultural property” and „historic monument” might serve well the cause provided th at certain legal effects will be ensured for broadly conceived „cultural property” . The aim of the protection of „cultural property” is to preserve a large number of bu ildings th at form landscape and cultural atmosphere, irrespective of the time of their construction. Along with the crystallization of the evaluation, individual structures chosen out of „cultural property” might be classified as „historic monuments” and covered by special protection. This is important in the present natural process of modernization and reconstruction of historic towns. The institutions which make reconstructional decisions do not always perceive cultural values of old buildings. The greatest value of such buildings lies in the creation of a unique landscape com plex. The same reasoning may be applied to the value of the so-called vernacular architecture which is in danger of being destroyed. Having the above in mind, the law on the protection of cultural values should provide legal foundations for such an interpretation of notions which will make it possible for conservation services to efficiently perform their role. One of major interpretations should be an accurate definition of the term „historic monument” both in its substantial and legal meaning. The above arguments are a presentation of opinions aimed a t evoking a broad discussion that would bring about filling the gaps observed in hitherto conservation practice, regulations and, first and foremost, in theoretical fo u n d a tions of the protection and conservation of historic monuments.

• Publisher: Narodowy Instytut Dziedzictwa
• Journal: Ochrona Zabytków
• Year: 1986
• Issue: 2
• Pages: 102-105

Dates

published

1986

Contributors

author

Misorowski Andrzej

• dr inż. arch., PP PKZ — Warszawa

Identifiers

ISSN

0029-8247