Ocena dobrej wiary nabywcy dzieła sztuki przy nabyciu od nieuprawnionego

The paper attempts to examine the specifics of the turnover on the market of art in the light of the requirement of good faith in the framework of acquisition from a person without right or authority to transfer ownership. Particular regulations on the protection of monuments and works of art trade do not contain any separate normative solutions as to acquisition of this special category of movables. Therefore the main source of legal rules governing the turnover of art-works is the general regulation of Polish civil code, in particular its art. 169 that concerns the acquisition of ownership from a person without right or authority to transfer it. One of the conditions that determine legally effective transfer of ownership in acquisition from a non authorized person, is the purchaser’s good faith. In order to assess the purchaser’s good faith in acquisition of a work of art (a movable monument) a determinant standard of reasonable care needs to be built. It is necessary therefore to distinguish special features and determinants of the transactions having works of arts as the object that would set specific obligations and acts of care required from a purchaser. Translated by Bogna Kaczorowska