Restytucja dóbr kultury a wolny rynek sztuki

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Wydział Prawa i Administracji UAM

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Reinstitution of culture property and the free art market


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.



Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016



Ruch Prawniczy, Ekonomiczny i Socjologiczny, 58, 1996, z. 2, s. 43-58



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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego