- Tytuł:
- Administracyjno-prawne podstawy ochrony zabytków niematerialnych w prawie polskim (zagadnienia podstawowe)
- Autorzy:
- Stanik-Filipowska, Katarzyna
- Powiązania:
- https://bibliotekanauki.pl/articles/2147488.pdf
- Data publikacji:
- 2008
- Wydawca:
- Instytut Studiów Międzynarodowych i Edukacji Humanum
- Tematy:
-
Polish legal system
non-material monument's protection - Opis:
- Both the notion of material monument and the scope of its protection constitutes the youngest theoretical jurisprudential construction. In the Polish legal system, the official issues related to the substantive and incorporeal national heritage, as well as the sphere of the cultural activity are particularly regulated according to the substantive administrative law, the Department of Culture and National Heritage; nevertheless the monuments are of very great importance on the protection of national heritage. On the basis of the law for the Protection and Preservation of Monuments from 23rd July 2003 the notion of monument was not defined in the wide sense invoking the concept of the monument division, which is based upon the primary classification into the material and immaterial monuments. Although the immaterial monument was omitted in the general notion of the monument defined by law, it is visibly shown in the theory of the preservation of historical sites; moreover, it is under protection according to the law. With regard to its subject matter of protection within the frameworks of any movable, immovable and archeological monument, historic relics such as geographical, historical or traditional names of the premises, buildings, streets or settling units may be subject to the protection on the proposal of the legislator. Yet it ought to be indicated that the theory of the preservation of historical sites distinguishes the notion of the immaterial monument and its immaterial value. On the basis of the law in force both the immaterial monuments such as geographical, historical and traditional names and in the framework of preservation of material immobile monuments the immaterial values are pointed as a subject of protection; nevertheless it did not cause to make an attempt to create even the doctrinal definition of immaterial monument. However following P. Dobosz the immaterial monument can be define as unique, historical immaterial values which because of theirs social, artistic or scientific character should be preserve in the name of public policy. Considering the subject of protection the immaterial monuments constitutes: names, immaterial creations of art, traditional manual skills, customs (including manners, ceremonies and rituals) and also traditional functions of mobile and immobile things and moreover literature, music and philosophy. It is necessary to stress that the subject of protection of immaterial monuments in administrative law is determined much wider than the notion of law of immaterial goods in civil law. It concerns both monuments, consider as immaterial products of creative activity of human mind fixed in material form and personal goods and moreover unspecified notion such as traditional manual skills or customs. Polish administrative law includes regulations which are related to immaterial goods which are not taken directly or indirectly under protection as monuments. This group involves: Polish emblem, anthem and flag which are regard as the basis of national identity. On the basis of the law in force there are four forms of protection of monuments: entry in monument register, acknowledgement as a historical monument, creation of cultural park or establishment of protection in local plan of spatial arrangement.
- Źródło:
-
Humanum. Międzynarodowe Studia Społeczno-Humanistyczne; 2008, 1(1); 175-181
1898-8431 - Pojawia się w:
- Humanum. Międzynarodowe Studia Społeczno-Humanistyczne
- Dostawca treści:
- Biblioteka Nauki
Artykuł