Nemovité archeologické nálezy – pojem, vlastnictví a ochrana
| Title in English | Immovable archaeological fi nds – concept, ownership and protection |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | České právo životního prostředí |
| MU Faculty or unit | |
| Citation | |
| web | Nemovité archeologické nálezy – pojem, vlastnictví a ochrana |
| Keywords | Heritage care; immovable archaeological find; cultural heritage; ownership |
| Description | As part of the cultural heritage, archaeological fi nds require specifi c protection measures. While the law explicitly regulates the handling and protection of movable fi nds, there is no specifi c legal framework for immovable fi nds. In the Czech Republic, it is generally assumed, based on norms of private law, that these fi nds are the property of the landowner on whose land they are located. Th is paper examines and analyses the relevant public and private legislation to verify the accuracy and general validity of this standpoint. In terms of public legislation, the text primarily focuses on Act No. 20/1987 Coll., on state monument care, as amended. Regarding private law regulations, attention is given not only to the current Civil Code (Act No. 89/2012 Coll.), but also to older regulations that could potentially aff ect the ownership and protection of immovable archaeological fi nds. Th e chosen topic is approached from both a general perspective and in relation to specifi c types of immovable fi nds, such as graves and caves. Th e text is supplemented with specifi c examples that highlight the complexity of the issue in practice. Additionally, the article briefl y touches upon the protection of immovable fi nds in Austria, Greece, and the United Kingdom, providing an overview of diff erent approaches to their protection. Finally, the text concludes with brief suggestions for further discussion on the protection of immovable archaeological finds. |
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