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Kontrola eksportu dóbr kultury w prawie włoskim

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Buchwald P., Kowalski W.

Ochrona Zabytków

1996

issue 1

1-7

The development of the art market in Poland, the opening of state frontiers as well as the intention of joining the European Union make it necessary to undertake legislative initiatives which aim at a new regulation of the export of cultural property; the binding law of 1962 still functions in circumstances quite different from those which accompanied its introduction. Legislative postulates should be preceded by an analysis of systems of controlling the export of artworks in other countries. This article is a brief presentation of the legal solutions applied in Italy. The Italian model stemmed from the extremely rich legislative traditions of the Italian states. At present, the fundamental legal act which regulates all issues concerned with the protection of cultural heritage is law no. 1089 of 1 June 1939. Protection encompasses all objects of artistic, historical, archeological and ethnographic importance, with the exception of works by living artists or those works which are less than 50 years old. The law foresees a wide range of legal measures preventing the scattering of the national cultural heritage. They include the registration of monuments, the restriction of ownership rights in cases of registered objects, the non-sale of property belonging to state institutions and the right to preemption enjoyed by the state. It is possible to export works of art from Italy only in those cases when this procedure does not reduce national heritage. An indispensable condition is an export license issued by a competent office. In cases of export contrary to the binding regulations, the exported object is confiscated and the perpetrator — fined.

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1 Ochrona Zabytków

1 Buchwald P.

1 Kowalski W.

1 1996

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Kontrola eksportu dóbr kultury w prawie włoskim