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Kontrola eksportu dóbr kultury w prawie hiszpańskim

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Leszczyńska B.

Ochrona Zabytków

1994

issue 3-4

244-249

The original absence of regulations concerning control over the export of cultural goods and the subsequent ineffectiveness of the law and decree of 1926 and 1933 led to a considerable departure of works of art from Spain. Growing export finally became the reason for the preparation of a new law on protecting cultural heritage from export; from 1985 it remains binding in the form of a law and an executive decree. In accordance with the letter of this law, Spanish historical heritage includes all mobile and immobile cultural goods and the so-called documentary, bibliographic and ethnographic heritage. A general inventory of particularly valuable objects is accompanied by a general register of goods of a widely comprehended cultural character. Basically, the sale or transference of objects contained in those registers is only possible within the range of state administration and public institutions. Unhampered export, on the other hand, is feasible solely as regards works of art less than a hundred years old, not recorded in the inventory and not excluded from export by administrative decisions. The remaining cultural goods require obligatory export licences. The latter are issued by the General Directory of the Fine Arts and Archives in the Ministry of Culture. Properly formulated motions are examined upon the basis of criteria which ensure the protection and retention of the most important components of cultural heritage. In case of a negative decision, the state proposes a six-month term for the redemption of the questioned object. The procedure of granting a licence is connected with a necessary payment whose size, - and increase, depends on the value of the exported historical relic. Cultural goods exported without due permission are confiscated and persons involved in smuggling are punished with high fines.

Kontrola eksportu dóbr kultury w prawie francuskim

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Stec P.

Ochrona Zabytków

1997

issue 2

110-115

The basic legal act regulating issues connected with the export o f cultural property is the law o f 1992 on products subject to certain restrictions and an accompanying decree o f January 1993. The law in question adapted French legislation to the requirements o f the European Union. A complete ban on export encompasses so- called national treasures which include cultural property classified upon the basis o f the law on historical monuments o f 1913, archives classified upon the basis o f the law on archives o f 1979, and other forms o f cultural property o f essential significance for the national heritage. The export o f historical monuments contained in the last group is, however, feasible after obtaining a certificate that the exported monument is not regarded as a national treasure. A person refused such a certificate can renew attempts three years after the negative decision. An administrative body can then either issue a permit or c o n duct classification. A separate law adapted the procedure o f the restoration o f exported cultural property to European Union demands. Such export without prior permission or contrary to conditions defined in the permission is a crime penalised with imprisonment and a fine.

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2 Ochrona Zabytków

1 Leszczyńska B.

1 Stec P.

1 1997

1 1994

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Kontrola eksportu dóbr kultury w prawie hiszpańskim

Kontrola eksportu dóbr kultury w prawie francuskim