scholarly journals REGULATIONS WITH RESPECT TO CIVIL TURNOVER IN THE ACT ON THE RESTITUTION OF POLISH HERITAGE ASSETS AND THEIR APPLICATION TO MUSEUMS’ OPERATION

Muzealnictwo ◽  
2021 ◽  
Vol 62 ◽  
pp. 198-207
Author(s):  
Adam Barbasiewicz
Keyword(s):  
Civil Law ◽  
Legal Regulations ◽  
Museum Collections ◽  
Negative Consequences ◽  
Central Concept ◽  
Ownership Transfer ◽  
National Heritage ◽  
Private Museums ◽  
Definition Of ◽  
Public Collection

It is the legal regulations related to civil turnover specified in the Act of 25 May 2017 on the Restitution of Polish Heritage Assets (consolidated text, Journal of Laws 2019, Item 1591) in the context of the activity of museums and other institutions running a museum activity that is the topic of the paper. They speak of legal activities including ownership transfer or charge on Poland’s heritage assets pertaining to public collections, or the ban on acquiring assets from a person unauthorized to dispose of them or manage them by prescription, as well as of the non-limitation of claims for their release. The Author analyses the central concept of the quoted Act: that of the <u>national heritage assets of the Polish Republic</u> pertaining to public collections, while discussing in detail both criteria that are related to it: subject- and ownership-related ones. He points to the fact that the definition of public collections it contains is extremely broad, covering not only public collections in the colloquial meaning of the term, but also the collections of the majority of private museums, as well as non-museum collections of private entities and persons, as long as they have applied public financing. In the further part of the paper, the civil-law regulations specified in the Act are discussed, with special emphasis on the requested form of the legal actions including the transfer of ownership or burden (in writing with a certified date) suggesting that this can apply also to deposit or lending contracts. He also discusses the praxis and judicature with respect to the in writing with a certified date pointing to the possible lack of the awareness of the contract parties that the object of the contract pertains to a public collection in compliance with the provisions of the Act, and that the special contract format should be kept. In this context the Author presents some practical solutions allowing to avoid certain negative consequences. In the conclusion it is emphasized that the regulation contains certain concepts which might inspire essential interpretative doubts having impact on the application of the discussed regulations.

scholarly journals CONDUCT PROCEDURES IN CASE OF THEFT OF ARTEFACTS FROM MUSEUM COLLECTIONS

Muzealnictwo ◽  
2018 ◽  
Vol 59 ◽  
pp. 107-112
Author(s):  
Adam Grajewski
Keyword(s):  
Cultural Heritage ◽  
Crime Scene ◽  
Legal Regulations ◽  
Museum Collections ◽  
Surrounding Area ◽  
Museum Exhibit ◽  
National Heritage ◽  
Police Report ◽  
Whole Number ◽  
Official Data

Museum collections very often contain artefacts of a significant material value, which are also of great importance for the national heritage. Exhibits listed in a museum inventory belong to the capacious category of national goods, which means they are protected by law. Given the whole number of crimes against the cultural heritage, museums are certainly a group of institutions least likely to be threatened by it. However, we must not forget, that theft might happen anywhere; even the largest and perfectly safeguarded museum is not free from this type of danger. When a museum exhibit gets stolen, the following procedure shall be applied: closing all the entrances, informing the guards, checking the security devices, securing the crime scene and the whole area of an exhibition, limiting an access to the crime scene, informing the supervisors (directors), informing the police, checking all the rooms and the surrounding area, securing the monitoring system and documentation, having a police report filed, reporting the loss with the description for putting it in an official data base. It seems worthwhile to take measures to increase both knowledge and awareness of museum employees on a regular basis, as well as to analyse the patterns of conduct in reference to legal regulations and existing procedures.

scholarly journals INCREASE OF THE NUMBER OF MOTORING MUSEUMS: IS THERE A NEED FOR A NEW DEFINITION OF A HISTORIC VEHICLE?

Muzealnictwo ◽  
2020 ◽  
Vol 61 ◽  
pp. 137-144
Author(s):  
Żaneta Gwardzińska
Keyword(s):  
Statistical Data ◽  
Public Information ◽  
Legal Regulations ◽  
Legal Personality ◽  
National Heritage ◽  
Definition Of

The increase in number of museums not having legal personality and amassing motoring collections has inspired a review of the legal regulations related to historic vehicles, enriched with statistical data on the number of museums in Poland, and published in the Bulletin of Public Information of the Ministry of Culture and National Heritage in 2018–2020. The analysis of the statistical data became the foundations for theoretical and legal considerations on the definition of a historic vehicle, and of the classic vehicle. The whole analysis ends with the de lege lata and the de lege ferenda conclusions aiming to present legislative suggestions that a rational legislator should introduce in order to increase effectiveness of the regulations.

scholarly journals NOWE PRAWO WŁASNOŚCI – PRZEKSZTAŁCENIA W STOSUNKACH WŁASNOŚCIOWYCH W POLSCE W LATACH 1944-1950

2016 ◽  
Vol 11 (2) ◽  
pp. 257
Author(s):  
Anna Machnikowska
Keyword(s):  
Characteristic Feature ◽  
Civil Law ◽  
The Political ◽  
Negative Consequences ◽  
Wide Spread ◽  
Individual Character ◽  
Long Time ◽  
Political Idea ◽  
Theory Of Law ◽  
Definition Of

NEW PROPRIETORSHIP – PRIVATIZATION TRANSFORMATIONS IN POLAND IN YEARS 1944-1950 Summary In the first years of the People’s Republic of Poland a partial change in the contents and the function of proprietorship occurred. The modification, in which the majority of the society believed for a long time, meant not only the introduction of new subjects under a given proprietorship, but also a real re-definition of the very notion of ownership. Then, shifts in restrictions imposed on proprietorship occurred. Before they were placed besides law, among other things in administrative regulations; as a result of the new solutions they have directly been included in proprietorship. This led to proportion changes between the rights and duties of owners and non-owners. Civil law tradition was abandoned, although it did not treat proprietorship as absolute law, but it did not impose any concreto limits. Civil law tradition accepted the assumption that the possible unlimited freedom of the proprietor connected with law’s flexibility is the characteristic feature of proprietorship. It proved that restrictions did not constitute the essence of ownership and they had a different role in it. Hence, it was underlined that the possible narrowing of the owner’s rights should have short-termed and individual character, established according to the law. Yet, the new transformations of proprietorship accepted a different assumption. The characteristic feature was that they were not distinctly visible and recognizable in the first years. They were not expressed in the theory of law while the thesis was developed in the sphere of politics and propaganda that its aim was to make proprietorship more wide spread and to enhance its social function. The political idea of proprietorship management appeared after many attempts taken up at the turn of the 40s and 50s. The referred theory of law was rather a false justification than the real, essential foundation of taken up activities at that time, as the new authorities did not manage to elaborate a coherent concept of socialist proprietorship fulfilling civil law criteria, even with the help of the Soviet achievements. Due to this reason slogans were mainly used, which were to signify the conformity of practice with the declaration of nationalization. In fact, they concentrated on the current property administration, property either taken over or controlled by the state. It was generally believed by the ruling body that proprietorship could be freely transformed without any negative consequences.

scholarly journals Barriers to Incident Reporting among Nurses: A Qualitative Systematic Review

2021 ◽  
pp. 019394592199944
Author(s):  
Moataz Mohamed Maamoun Hamed ◽  
Stathis Konstantinidis
Keyword(s):  
Systematic Review ◽  
Methodological Quality ◽  
Incident Reporting ◽  
Negative Consequences ◽  
Incident Reporting Systems ◽  
Qualitative Systematic Review ◽  
Blame Culture ◽  
Critical Appraisal Skills ◽  
Definition Of

Incident reporting in health care prevents error recurrence, ultimately improving patient safety. A qualitative systematic review was conducted, aiming to identify barriers to incident reporting among nurses. Joanna Briggs Institute methodology for qualitative systematic reviews was followed, with data extracted using JBI QARI tools, and selected studies assessed for methodological quality using Critical Appraisal Skills Program (CASP). A meta-aggregation synthesis was carried out, and confidence in findings was assessed using GRADE ConQual. A total of 921 records were identified, but only five studies were included. The overall methodological quality of these studies was good and GRADE ConQual assessment score was “moderate.” Fear of negative consequences was the most cited barrier to nursing incident reporting. Barriers also included inadequate incident reporting systems and lack of interdisciplinary and interdepartmental cooperation. Lack of nurses’ necessary training made it more difficult to understand the importance of incident reporting and the definition of error. Lack of effective feedback and motivation and a pervasive blame culture were also identified.

scholarly journals Embryoid research calls for reassessment of legal regulations

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Markus Hengstschläger ◽  
Margit Rosner
Keyword(s):  
Stem Cells ◽  
Embryonic Stem Cells ◽  
Human Embryonic Stem Cells ◽  
Legal Status ◽  
Embryonic Stem ◽  
Basic Research ◽  
Human Embryos ◽  
Human Being ◽  
Legal Regulations ◽  
Definition Of

AbstractIt is known that in countries, in which basic research on human embryos is in fact prohibited by law, working with imported human embryonic stem cells (hESCs) can still be permitted. As long as hESCs are not capable of development into a complete human being, it might be the case that they do not fulfill all criteria of the local definition of an embryo. Recent research demonstrates that hESCs can be developed into entities, called embryoids, which increasingly could come closer to actual human embryos in future. By discussing the Austrian situation, we want to highlight that current embryoid research could affect the prevailing opinion on the legal status of work with hESCs and therefore calls for reassessment of the regulations in all countries with comparable definitions of the embryo.

scholarly journals It Is Not Just Mortality: A Call From Chile for Comprehensive COVID-19 Policy Responses Among Older People

2020 ◽  
Author(s):  
Pablo Villalobos Dintrans ◽  
Jorge Browne ◽  
Ignacio Madero-Cabib
Keyword(s):  
Older People ◽  
National Level ◽  
Health Issues ◽  
Negative Consequences ◽  
Access To Health Services ◽  
Term Care ◽  
Policy Responses ◽  
Level Data ◽  
Definition Of

Abstract Objective Provide a synthesis of the COVID-19 policies targeting older people in Chile, stressing their short- and long-term challenges. Method Critical analysis of the current legal and policy measures, based on national-level data and international experiences. Results Although several policies have been enacted to protect older people from COVID-19, these measures could have important unintended negative consequences in this group’s mental and physical health, as well as financial aspects. Discussion A wider perspective is needed to include a broader definition of health—considering financial scarcity, access to health services, mental health issues, and long-term care—in the policy responses to COVID-19 targeted to older people in Chile.

Art and Value – Museum Collections as Commons

2017 ◽  
Vol 25 (4) ◽  
pp. 183-200
Author(s):  
Nizan Shaked
Keyword(s):  
Intrinsic Value ◽  
Museum Collections ◽  
Monetary Value ◽  
Art Object ◽  
Symbolic Value ◽  
Definition Of ◽  
The Individual

Abstract Art and Value: Art’s Economic Exceptionalism in Classical, Neoclassical and Marxist Economics reveals the irreconcilable differences between the Marxist economic definition of the term ‘value’ and its other uses in relation to the art object. It corrects the faulty assumption, symptomatic of a capitalist worldview, that rare or historic objects bear intrinsic value. Beech’s analysis of art’s value-form is critical to unpacking the double ontological condition of art as both an object of collective symbolic value and as a hoard of monetary value, since the two operate in mutually exclusive spheres, yet function to constitute one another. The book can help us understand the capitalist sleight of hand that allows art to flicker between two forms of being, making profit appear as value, and value appear as significance (and vice versa), the toggling between the two facilitating the transfer of commonly-held symbolic value in support of the individual accumulation of wealth.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

GOAL SETTING AND ITS ACHIEVEMENT AS A CRITERION OF SCIENTIFIC RESEARCH IN THE FIELD OF CIVIL LAW

2021 ◽  
Vol 3 (3) ◽  
pp. 96-123
Author(s):  
L.V. Shchennikova
Keyword(s):  
Goal Setting ◽  
Social Relations ◽  
Civil Law ◽  
Scientific Research ◽  
Scientific Work ◽  
Point Of View ◽  
Existing Problems ◽  
The Creation ◽  
Scientific Results ◽  
Definition Of

Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.

scholarly journals LEGAL STATUS OF THE POLICYHOLDER IN THE COMPULSORY STATE SOCIAL INSURANCE AGAINST AN ACCIDENT AT WORK AND AN OCCUPATIONAL DISEASE

2020 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
Oleksii Soloviov ◽  
Keyword(s):  
Occupational Disease ◽  
Social Insurance ◽  
Legal Status ◽  
Civil Law ◽  
Insurance Premium ◽  
Material Loss ◽  
Social Contribution ◽  
The Law ◽  
Definition Of ◽  
Compulsory State

The article considers the definition of the insured, which is contained in the Law of Ukraine «On collection and accounting of a single contribution to compulsory state social insurance» and based on this it is concluded that it includes only the persons and the main obligation of the insured – payment of insurance premium and does not establish additional or qualifying features that the insured must have. Given that the social security insurance mechanism was borrowed from civil law, the author examined the definition of the insurer from the standpoint of civil law and concluded that the presence of insurance interest is a prerequisite for determining a person as an insured and proposed his own definition of insurance interest – a certain property interest related to the need to suffer material loss in connection with damage to life, health and ability to work of the insured person as a result of an accident or occupational disease that occurs during the performance or in connection with the performance of certain work in the interests of the insured. The author emphasizes that the insurers in the relationship of social insurance against accidents at work and occupational diseases can be primarily employers. Based on the results of the analysis of the definition of the employer in various regulations, it was concluded that there is a certain inconsistency in science and legislation regarding this term, and therefore the legislative definition of the employer needs to be specified. This made it possible to develop proposals for making the necessary changes to certain regulations that contain this term. The concept and features of a single social contribution are researched. Peculiarities of insurance of persons performing works on the terms of civil law contracts are analyzed. Emphasis is placed on the unresolved issue of the customer - an individual who uses the work of other individuals under a civil contract, but without registering them as a business entity. It is believed that such persons should also act as payers of the single social contribution, and therefore it is necessary to amend the Law of Ukraine «On the collection and accounting of the single contribution to the obligatory state social insurance».

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