The legal situation of real estate in the transformation process of companies of the Treasury to cultural institutions

Abstract

Introduction into the legal system of provisions enabling the transformation into state-owned cultural institutions of one-person State Treasury companies operating with the use of cultural goods was dictated by reasons of protection of the public interest. The Act of 15 January 2015 on the transformation of sole-share State-owned companies operating with the use of cultural goods into state-owned cultural institutions introduced a legal solution resulting from the need to secure property components in the form of national treasures owned by one-person State Treasury companies operating in the field of culture . The legislator decided that the optimal solution ensuring the protection of cultural goods and facilitating the activities of these entities in the field of culture will be the process of transforming single-person State Treasury companies operating with the use of cultural goods into state cultural institutions, which ensures universal succession, that is, the inclusion of all rights and obligations. These goods include also material heritage, that is, for example, real estate. However, the issue of ownership transformations in the case of real estate is often associated with the historical nature of the ownership change process of a given property, which in turn leads to the need for a separate individual analysis in each situation. In the article, I attempt to present this complex topic.

Keywords

• public interest
• cultural institutions
• universal succession