Functioning of prohibitions and restrictions on the use of real estate protecting the cultural landscape on the example of the Wilanów Cultural Park – part 1

Abstract

The cultural park is an area form of monument protection in which the subject of protection is the cultural landscape. There is a special legal regime in its area that aims to provide protection. The Wilanów Cultural Park is a great example to check how this statutory institution works. In the article, the author primarily looks for answers on how to balance the daily interests of the residents of the intensively developing capital district with centuries-old national heritage. This is served by civil law claims. The article consists of two complementary parts. In the first of these, presented in this issue of the journal, the author presents the essence of the institution of a cultural park, legal grounds, analyzes park bans and restrictions as well as civil law claims for the owners and perpetual users of real estate located within the Park. In the second part, using the empirical method, he conducts research directing inquiries to institutions dealing with the Wilanów Cultural Park. He analyzes the answers and formulates holistic conclusions including dogmatic, judicial and empirical studies.

Keywords

• monument protection law
• ownership law
• cultural park
• way of using the property
• special areas
• compensation