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1
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Dobra niematerialne w postępowaniu upadłościowym

100%
Stec P.
Studia Prawnicze: rozprawy i materiały
|
2005
|
issue 3
133-143
2
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Odpowiedzialność władzy publicznej za odmowę przeprowadzenia aborcji

100%
Stec P.
Studia Prawnicze: rozprawy i materiały
|
2009
|
issue 7
73-87
XX
The paper deals with the liability of public authorities for denial of abortion. Polish law allows termination of pregnancy only if the mother’s life or health is at risk, if the phoetus is terminally ill or handicapped and if the pregnancy is a result of a criminal act. The liability of public authorities for denial of abortion arises if it fails to provide the woman with access to medical services (including abortion). In cases where performing abortion requires court consent or public prosecutor’s affidavit, the state is liable for delay in delivery of such permit or for unjustified refusal to issue it.
3

Dyrektywa 93/7/EWG z perspektywy dwóch dekad funkcjonowania

100%
Stec P.
Santander Art and Culture Law Review
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2015
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issue Numer 1
103-118
EN
Directive 93/7/EEC created a legal framework for the return of cultural goods illegally removed from the territory of a Member State. The procedure for the return of cultural goods proved to be ineffective for numerous reasons, including a very narrow definition of a cultural good, flawed instruments of administrative cooperation, or risky court proceedings connected with the indemnification of the possessor. Directive 2015/60/EU is a new step towards the creation of an effective European system of return of cultural goods. Pursuant to the new directive each Member State can now define which cultural goods constitute national treasures. The directive has also provided for the creation of new, electronic means of fostering administrative cooperation, while court proceedings have been amended to minimize the aforementioned legal risks. Thus, once the new directive has been implemented by Member States, the result may be a greater number of returns of illegally exported cultural goods, based on adherence to its provisions.
4
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Kontrola eksportu dóbr kultury w prawie francuskim

100%
Stec P.
Ochrona Zabytków
|
1997
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issue 2
110-115
EN
The basic legal act regulating issues connected with the export o f cultural property is the law o f 1992 on products subject to certain restrictions and an accompanying decree o f January 1993. The law in question adapted French legislation to the requirements o f the European Union. A complete ban on export encompasses so- called national treasures which include cultural property classified upon the basis o f the law on historical monuments o f 1913, archives classified upon the basis o f the law on archives o f 1979, and other forms o f cultural property o f essential significance for the national heritage. The export o f historical monuments contained in the last group is, however, feasible after obtaining a certificate that the exported monument is not regarded as a national treasure. A person refused such a certificate can renew attempts three years after the negative decision. An administrative body can then either issue a permit or c o n duct classification. A separate law adapted the procedure o f the restoration o f exported cultural property to European Union demands. Such export without prior permission or contrary to conditions defined in the permission is a crime penalised with imprisonment and a fine.
5
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Nierzetelne praktyki aukcyjne i środki ich zwalczania w wybranych obcych systemach prawnych

100%
Stec P.
Opolskie Studia Administracyjno-Prawne
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2011
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vol. VIII
79-101
EN
Auction sales, in particular art auctions are vulnerable to manipulation by buyers and sellers. There is a well established catalogue of more or less common unfair auction practices, like, for instance, bogus bids, taking bids of the wall or auction rings. All analyzed legal systems contain laws aimed directly or indirectly at combating such practices. It should however be noted that even countries with well developed art auction market and established tradition in fighting auction frauds fail to prevent market manipulation. Usually it is hard to prove that a manipulation took place, furthermore some of the practices became so common that even persons participating in the art market consider them to be legitimate trade customs.
6
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SPECIAL PRIVILEGES OF REGISTERED MUSEUMS IN THE ARTWORK TURNOVER (Szczególne uprawnienia muzeów rejestrowanych w zakresie obrotu dzielami sztuki)

100%
Stec P.
Muzealnictwo
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2005
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issue 46
182-188
EN
The statute on museums enacted in 1997 introduced a special category of registered museums which due to their high level of activity have been listed in a Ministry of Culture register. Such museums enjoy special state protection and privileges connected with the purchase of monuments introduced into the market turnover - the right of preemption and the right of priority. Registered museums may benefit from the right of pre­emption directly at art auctions, i.e. a representative of a given museum attending an auction may, after its completion, declare his willingness to purchase a given monument of art at the offered price. A contract is subsequently signed with the museum albeit on conditions established with the highest bidder. This privilege is effective only if the sales contract had been achieved under the condition that the museum would not make use of the preemption right. If the general sales conditions of the auction houses do not contain a suitable clause then the museum becomes incapable of resorting to this method. The second of the examined privileges - the right to priority - grants the registered museums the option of buying monuments offered for sale by subjects professionally involved in the artwork turnover. Owing to the laconic and vague nature of the regulations concerning the right to priority its practical implementation might become difficult if not outright impossible. The basic purpose of the regulations was to enable the museums to purchase monuments which otherwise would be sent abroad or find themselves in private collections. The regulations had been, however, faultily edited, which means that they ceased functioning in practice, and made it necessary to modify them. Legislation changes should aim at recognising as legally invalid all unconditional sales contracts as well as the recognition as ineffective all contracts that make it impossible to profit from the right to priority.
7
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THE COMMERCIALISATION OF MUSEUM COLLECTIONS (Komercjalizacja muzeów)

100%
Stec P.
Muzealnictwo
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2006
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issue 47
212-221
EN
In an era of limited financial state support museums are compelled to try to obtain funds also from other sources. Next to private patronage, the commercialisation of museum collections is one of the most prominent ways of financing museum activity. The use of museum collections for commercial purposes may assume assorted forms - from the sale of reproductions to gadgets associated with exhibits familiar to the public. Every type of commercialisation yields legal problems, influencing its manner and range . First and foremost, it is necessary to remember that a part of the collections is protected by copyright. This is particularly true for modern and contemporary art whose commercial exploitation will require the indispensable consent of the author. Copyright also makes it possible to use works of art publicly, although in this case the scope is considerably limited. The author's permission is necessary for the distribution of museum gadgets such as mugs decorated with details from paintings. Such commodities are treated as so-called dependent works, comprising a separate object of copyright law. Only in the case of works which, due to the passage of time, are no longer protected by copyright will suitable consent be no longer required. On the other hand, approval must be expressed by the author of a dependent work. Last but not least , the museum may commercialise its collections by benefiting from the ownership rights due to it - the hire of museum showrooms or permission for photographic sessions. A new albeit controversial field for commercialization is profiting from the appearance of objects, e. g. charging for a drawing or a photograph of an historical monument featured on the packaging of luxury articles.
8

Odpowiedzialność za wady dzieła sztuki po nowelizacji Kodeksu cywilnego

63%
Kozińska J., Stec P.
Santander Art and Culture Law Review
|
2015
|
issue Numer 1
173-200
PL
The recent amendments to the Civil Code of the Republic of Poland regarding the liability of a seller for the lack of conformity of delivered goods with the contract of sale will have a significant impact on the art market. Until recently the Code provided for a distinction between the seller’s liability in the case of a consumer (liability for lack of conformity of goods) and liability in other types of sales (“rękojmia”- warranty). As a consequence of the recent amendments to the Polish Civil Code both types of liability have now been amalgamated. Currently, the seller’s liability is based on the concept of warranties and conditions, which makes a significant difference, particularly in the case of the sale of forged artworks or antiquities. Surprisingly, new amendments to the Civil Code and to the Antiquities Protection and Care Act aimed at combating art theft have led to unexpected results, depriving many buyers of stolen works of their right to rescind the contract and to claim money back.
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