Cultural Heritage as a Legal Hybrid: Between Public and Private Law

This book explores cultural heritage law in both public and private modalities, focusing on the search for new solutions in national legislations. It highlights the challenges of tangible and intangible cultural heritage, including legal histories, international law obligations, and the independence of national searches for tailored protection models. The book emphasizes the importance of considering cultural heritage beyond civil law and property rights and explores how civil law or private law can be leveraged to strengthen cultural heritage protection systems. It provides a practical example of Poland's legislation and refers to other countries' solutions and EU and international law instruments. The book is aimed at researchers and practitioners in cultural heritage law, as well as public and private law experts, law students, and those interested in the challenges of cultural heritage protection.

Format: Hardback
Length: 342 pages
Publication date: 20 July 2022
Publisher: Springer International Publishing AG

This comprehensive book delves into the multifaceted realm of cultural heritage law, exploring its public and private dimensions with a keen eye on seeking innovative solutions in national legislations. Both tangible and intangible cultural heritage present unique challenges for national laws, encompassing legal histories, international legal obligations, and the autonomy of individual countries in crafting tailored protection models. While cultural heritage extends beyond the confines of civil law and property rights, its significance in establishing coherent cultural heritage protection systems cannot be overlooked.

In the realm of national legislation, there is a growing recognition of the potential of leveraging civil law or private law to enhance cultural heritage protection frameworks. This book goes beyond the traditional boundaries of public and private law to address the complex nature of cultural heritage as a legal hybrid. Furthermore, it sheds light on how current issues in the international discourse are reflected in national legislation, using Poland as a practical example while also referencing the solutions adopted by other countries and relevant EU and international legal instruments.

By adopting this approach, the book empowers readers to gain a deeper understanding of the process of creating national legislation at the operational level. It serves as a valuable resource for cultural heritage law researchers and practitioners, as well as public and private law experts. The topics covered in this book are of interest to law students, art market actors, and anyone passionate about addressing the challenges of cultural heritage protection.

Weight: 694g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031049453
Edition number: 1st ed. 2022