Published: 2025-12-30

Assessment of regulations of the treasure acquisition in Polish law

Bernard Banach
"Młody Jurysta" Czasopismo Studentów i Doktorantów Wydziału Prawa i Administracji UKSW
Section: Artykuły
https://doi.org/10.21697/mj.16489

Abstract

The subject of this article is an analysis of the regulation of the treasure acquisition in Polish private law. The text does this by commenting on the currently applicable provisions on the subject in question, which are found, in addition to the Civil Code, in the Act on the Protection and Care of Antiquities, the Act on Found Property and the Criminal Code, which makes it possible to grasp the specific situation of treasures that are also antiquities. Next, the historical regulation is analysed, starting from ancient Rome, through pre-partition Poland, the great codifications of the 19th century and the People's Republic of Poland. Finally, the most important part of the text is discussed, i.e. the proper assessment of the contemporary regulation (in particular Article 189 of the Civil Code) from the perspective of its axiological and praxeological aims, and thus de lege ferenda postulates are put forward in conclusion.

Keywords:

treasure, property acquisition, initial acquisition,, Civil Code, civil law, property law, private law

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Citation rules

Banach, B. (2025). Assessment of regulations of the treasure acquisition in Polish law. "Młody Jurysta" Czasopismo Studentów I Doktorantów Wydziału Prawa I Administracji UKSW, (2), 62–75. https://doi.org/10.21697/mj.16489

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