FURTUL PROPRIETĂŢII CULTURALE ÎN CONVENŢIA UNESCO DIN 1970 ŞI IMPLEMENTAREA ACESTEIA ÎN SISTEMUL JURIDIC NAŢIONAL
THEFT OF CULTURAL PROPERTY IN THE 1970 UNESCO CONVENTION AND ITS IMPLEMENTATION IN THE NATIONAL LEGAL SYSTEM
Author(s): Ion DrabineacSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: cultural property; theft; illicit trafficking; recovery; restitution;
Summary/Abstract: A series of general bilateral cultural agreements concluded by the Romanian Government contain references to the prevention of theft of cultural goods, the fight against illicit trafficking in cultural goods and their return and sometimes specifically to the 1970 UNESCO Convention. These agreements are not specifically focused on the protection of cultural property; therefore, their provisions are quite general. The goods belonging to the public domain of the state or the territorial administrative unit are inalienable. Cultural property belonging to the private domain of the state or territorial administrative unit may be transferred, but is subject to a prior classification procedure. In the case of privatization of a state-owned company, the classified objects are transferred to the administration of a specialized public institution. The public sale of privately owned cultural property is subject to a right of pre-emption in favor of the state, in cases involving objects classified as "treasures". These goods cannot be permanently removed from the country, unless goods of similar value and significance are exchanged. The transfer of ownership of a classified cultural property must be notified to the decentralized services of the Ministry of Culture, which are responsible for the permanent monitoring of the status of the classified cultural property.
Journal: Universul Juridic
- Issue Year: 2020
- Issue No: 08
- Page Range: 143-154
- Page Count: 12
- Language: Romanian