The Need for Comparative Studies of Principles Related to the Permission for Temporary Transfer of Historical Artefacts to the Territory of Another European Union Member State, Issued by the Provincial Conservator of Monuments

This article discusses the rules of temporary export of historical artefacts abroad in relation to the regulations on the permits for the temporary transfer of historical artefacts abroad to the territory of another European Union Member State, issued by the provincial conservator of monuments. Polish law distinguishes between three basic approaches to the transport of historical artefacts across the border. Some artefacts can be removed without the need to obtain an export license, some can be exported with an export license, while some cannot be exported from Poland at all. The problem of historical artefacts is related to determining the limits of the owner’s disposal of this particular item. Within the limits specified by the laws and rules of social coexistence, the owners, with the exclusion of other persons, may use things in accordance with the socio-economic purpose of their right, in particular, they may receive benefits and other income from these objects. Within the same limits, they may dispose of the thing, as provided for in Article 140 of the Civil Code. The administrative situation of the owner of historical property results in restrictions in this respect. This also applies to the transfer of such an object across the border. The transfer of historical artefacts abroad is a de facto act subject to administrative regulation. The analysis of legal norms in the context of norms related to extra-legal knowledge will give a full picture of the state’s will to protect national heritage, as well as reveal the theory of public administration activity in this area, which can be called the theory of state intervention in the export of historical artefacts abroad.