The temporary seizure of a movable monument. Remarks de lege lata and de lege ferenda
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This article provides an in-depth analysis of the problem of the temporary seizure of a movable monument in the Polish law. One of the purposes of this text is to prove that the institution of the temporary seizure of a movable monument is an example of the measure of a conservation supervision with one of the highest levels of interference in the ownership of monument in the Polish legal system. Currently the issues related to the temporary seizure of a movable monument are regulated by the act on the protection and guardianship of monuments. The first legal act which regulated these issues was the decree of the Regency Council on the protection of monuments of art and culture of 31 October 1918. The analysis of the historical legal acts, as well as legal acts in force, proved that temporary seizure of a monument resulted in a temporary loss of possession and use of a particular monument. However, this measure of a conservation supervision is not an ultima ratio measure, which deprives the ownership of movable monument in a complete manner.
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