Prawo pierwszeństwa nabycia zabytku na gruncie art. 20 ust. 1 ustawy o muzeach

Abstrakt

Right of first offer regarding purchase of a monument under art. 20 ust. 1 Museum Act

This paper presents Polish regulation regarding “right of first offer” in the Museum Act. Author explains the legal nature and allocation of this institution within Polish legal system. The analysis is conducted from perspective of axiology and legal dogma, while the provision under scrutiny is reviewed in the light of constitutional protection of ownership’s right. Moreover, this regulation’s mayor cons are pointed out which result from imprecise usage of terms of legal language for drafting this regulation’s provisions. Consequently, this regulation hardly can be applied, therefore it does not protect monuments as effective as it should be, as it was intended by the Legislator.