Vlastnické právo k pokladu
| Title in English | Ownership Rights to Treasure |
|---|---|
| Authors | |
| Year of publication | 2014 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Treasure Find; Ownership; Owner of Land; Finder; Regal Rights; Roman Law; Czech Civil Code 2012; Cultural Heritage |
| Description | The text deals with problem of gaining ownership of treasure find – it analyses who and for which reasons should obtain the ownership, whether owner of the land, the finder or the state. It follows historical development of particular claims from ancient times and middle ages till the present time. It focuses on ownership of treasure find in relation with assessment of “preciousness“ in past and nowadays (when it is mostly associated with institute of archaeological find). Despite this different conception, ancient law can still serve as a source of inspiration. Land owner’s entitlement is typical for the original Roman society that prefers absolute conception of ownership. Finder’s entitlement was preferred especially in case of unexpected find, but the land owner still received proportional share. The entitlement of the state is then usually based on the fact that the treasure was regarded as a thing without an heir and therefore fell to the state by escheat. The fact that the treasure was often the subject of historical value led finally to disappearing of the institute of treasure find from our civil law. Still, the cultural heritage law should consider rights of finder and land owner more in order to prevent concealments of the finds. |
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