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Legal Issues in Cultural Heritage Management

A Polish Perspective


Alicja Jagielska-Burduk and Wojciech Szafrański

This book presents the legal institutions involved in cultural heritage protection from a Polish point of view. Its authors set out the legal framework of cultural management in the context of private and public law. They analyse the Anglo-Saxon concept of trusts, fideicommissum set up by aristocratic families and, in the Polish legal system, foundations and property law. The authors research these institutions in terms of their ability to secure valuable cultural property selected for its artistic, historic and cultural qualities and of their effectiveness in doing so. They also outline a model of economic heritage management putting forward proposals for its future operation.

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III. A new image of heritage: protection or management


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III.  A new image of heritage: protection or management

Each element of heritage enjoys a history and existence of its own. Together, however, they form an entity which is essential for the recognition of its value and the assimilation into its structures of private and public property. Recently a new type of interdisciplinary study has evolved, called heritology.405 In the specialist literature concepts such as heritigisation processes406 have now appeared, in which an essential part is played by current cultural heritage protection undertaken for the sake of the values embodied by the subject, irrespective of other issues such as questions of ownership or history. For many authors heritigisation is perceived as a universal process which demands, in the light of global processes, a comprehensive analysis at a global and regional level.407

More and more frequently in international discussions concerning movable elements of heritage there appears a need to introduce a lex culturalis which indirectly indicates that the study of the legal regulation of cultural heritage has evolved onto a new stage. One of the recurring themes of international discussion of movable heritage is the question of claims and the return of objects to their respective countries of origin and that of establishing the relation between the object and a country as well as legal and non-legal justifications for such actions.408 The developments in theory and practice in the field of cultural heritage have also contributed to the growing awareness of the importance...

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