Private Law as an Instrument for the Protection of Cultural Property
Article from: TDM 5 (2013), in Art and Heritage Disputes in International and Comparative Law
Abstract
The article deals with the contribution private law may offer for the protection of cultural property against illegal trade. There are two main areas which are explored. First, the question as to which law should govern the applicable rules on loss and acquisition of ownership will be addressed. There are several proposals in the field of Private International Law which are examined. The author argues that the law of the country from which the object has first illegally been exported should be applicable. Second, it has to be decided in which way the material rules on loss and ...