Restytucja dóbr kultury a wolny rynek sztuki
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Date
1996
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Reinstitution of culture property and the free art market
Abstract
Restitution is one of means of culture goods protection. It ensure possibilities of national
heritage preservation and supplement. Culture goods restitution is an international legal instrument
used predominantly in three cases. First, when illicit export from a state of origin occurs,
usually after committing an offence against culture property. Second, when works of art which are
cultural property were grabbed from a state of origin during war or military conflicts and third,
when newly created states usually of Third World demand return of their national heritage elements
from their former colonizers.
The article concerns only the first case when instrument of restitution is implemented. Many
important aspects of the case were presented. Culture goods illicitly exported from territory of the
state of origin very often are included to the commercial circulation so they need to be detected end
excluded from it. An act of restitution can be initiated not only by harmed state but also by another
state, for example the state on which temtory the culture good was found. Another crucial aspects
of it are assessment of bona fides the purchaser of reclaimed work of art which can even affect his
successors ownership, and assignation in international regulations restitution prescription terms
as well as possibilities of their extension as a results of agreements between states. The instrument
of restitution has significant influence on trade of art especially in terms of making it more
secure. The article presents international regulation which are in force, legislative drafts of UNESCO,
EU and home legislative bodies prepared and in preparation since 17 November 1970, when
the Convention on the Means of Prohibiting the Illicit Import, Export, and Transfer of Ownership
of Cultural Property was signed in Paris. They are presented in three parts. First part refers
regulations included in international conventions presently in force and legislative designs connected
with them. Second part relates to regulations which are in force on the territory of European
Union connected mostly to art. 36 Treaty of Rome. The last part presents regulations and
legislative drafts concerning culture property protection system with the focus on instrument of
restitution in Republic of Poland.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny, 58, 1996, z. 2, s. 43-58