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Nabycie własności dobra kultury od nieuprawnionego. Wybrane zagadnienia

100%
Jagielska-Burduk A.
Santander Art and Culture Law Review
|
2015
|
issue Numer 1
119-134
EN
Acquisition of ownership of movable property is of particular significance in the trade in cultural objects. Legal systems adopt different solutions which either allow or disallow acquisition in good faith of ownership of movable property. Another issue of importance is regulation governing the object of a transaction which is an item of cultural heritage. Under Polish law each item of movable property receives the same treatment with regard to the legality of a transaction. From the point of view of the trade in cultural objects, acting in good faith when purchasing such objects becomes of particular importance. The model of such acquisition is here shaped by legal principle, earlier judicial decisions as well as practices prevailing in the art market. Partial solutions of the issues discussed in the paper will be achieved after the adoption of an amended law on found property, in which objects entered into a national register of lost goods have been covered by a special legal regime.
2

Mity i patologie obrotu dziełami sztuki

100%
Szafrański W.
Santander Art and Culture Law Review
|
2015
|
issue Numer 1
135-172
EN
The specific conditions of the art market constitute a perfect place in which crime can function well and flourish by making use of increasingly more sophisticated mechanisms used in the international trade in these objects. There are certain myths, such as the myth of the dual market (legal and illegal), the myth of faith in national law and in soft law, or the myth of a young market. However, reality shows a poor understanding of the mechanisms that are present in the art market and a spreading of those myths, which in consequence leads to a further strengthening of the pathologies that do exist in the market, such as, among other things, corruption, price manipulation, or the legalization of stolen or excavated objects. In this paper, the pathologies occurring in the art market are categorized and the case study presented shows the practical difficulty of solving the conflict that arises between a seller (owner) and a buyer in good faith as well as the shortcomings of the new model referred to as an eternal rhombus.
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