Nieruchomości@ (Mar 2021)
Functioning of prohibitions and restrictions on the use of real property protecting the cultural landscape on the example of the Wilanów Cultural Park. Part 2: empirical
Abstract
The second part of the article on the juridical dimension of the Wilanów Cultural Park confirms the justification for that the existence of this area-based form of monument protection in casu is well founded. It completes the dogmatic analysis of presented in the first part. Here too, the key issues are the restrictions on the ownership right to property and the need to balance them with under the civil law. The author used the empirical method in the form of a survey of questionnaires directed addressed, within the frame in the mode of access to public information, to institutions that faced these came across the title problems in the Wilanów Cultural Park. The presentation of the research results leads to the a conclusion that the collision – goods conflicting values protected by under the law, i.e. – protection of monuments and property ownership rights of to real estate property located in the Park, with a particular emphasis on the dynamically developing Miasteczko Wilanów, have been properly balanced. The structure of land ownership analysis completes the belief conviction that the protectiveon instruments used are adequate. The observAbsence ation of the lack of claims leads the author to formulate a conclusion about the priority of a prospective – instead rather than of an adjustivecorrective – action impact of the resolution establishing the Wilanów Cultural Park on the cultural landscape and the constitutive real properties.
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