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My Home is My Castle – But is My Castle Truly Mine? Polish Historical Immovables as Objects of Ownership

19 Pages Posted: 24 Jul 2010  

Magdalena Habdas

University of Silesia Katowice, Poland Faculty of Law and Administration

Date Written: July 23, 2010

Abstract

Cultural goods, in particular historical buildings and real estate, ‘demand’ a more complex understanding of ownership. Regardless of whether the owner is a private or a public entity, the need to protect these historical immovables in the interest of the society remains the same. There is no single category of owners, who will guarantee the proper protection and care of historical real estate. Private owners with no understanding of the limits of their right are just as undesirable as public owners (local authorities, the state), who have been known to utilize historical immovables for the benefit of their office, but without adequate protection or respect for the historical and artistic value. In all cases where ownership is affected by a public interest, the right is no longer purely private and therefore may be subject to restrictive regulation. However, common sense confirms that security of property and ownership is not in opposition to acknowledging a public element in these rights, particularly if their object is unique, as in the case of historical real estate.

Keywords: historical real estate, conservation of historical buildings, ownership, public and private ownership, social element in ownership

JEL Classification: K11

Suggested Citation

Habdas, Magdalena, My Home is My Castle – But is My Castle Truly Mine? Polish Historical Immovables as Objects of Ownership (July 23, 2010). Opinio Juris in Compratione, Vol. 2/2010, Paper No. 5. Available at SSRN: https://ssrn.com/abstract=1647615 or http://dx.doi.org/10.2139/ssrn.1647615

Magdalena Habdas (Contact Author)

University of Silesia Katowice, Poland Faculty of Law and Administration ( email )

Poland

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