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The modern system of monument protection in Poland is derived from solutions adopted in the interwar period. Particular importance is attributed to the decree on the care of monuments of art and culture passed by the Regency Council in 1918. The decree was the first legal act regarding the care and protection of monuments. The legal system of monument protection in the interwar period was finally shaped by the provisions of the Regulation of the President of the Republic of Poland issued on March 6, 1928 regarding the care of monuments. At present, the view about the special and fundamental role of legal regulations from the interwar period for the construction of the system of the care and protection of monuments should be fully confirmed. In particular, terminology problems are still relevant today. In the Polish legal system, regarding the role of the state in relation to cultural heritage, three terms with a similar meaning have been adopted: “guarding”, “protection” and “care”. It should be noted that the latest law (Act of 23 July 2003) gave the concept of “care of monuments” a different meaning than that adopted in the interwar period. Today, in the 21st century, care over a monument is exercised by its owner or holder and consists in particular in ensuring appropriate conditions for preserving such a monument. In addition, it should be noted that the fundamental problems that existed and attempts made to solve them at the beginning of the last century, have still not been solved, which is reflected in both the literature and case law.

Uwagi o międzywojennym prawie opieki nad zabytkami a model współczesny