Original scientific paper
https://doi.org/10.30925/zpfsr.38.1.6
PROTECTION OF CULTURAL GOODS THROUGH PROPERTY LAW AND CUSTOMS LAW IN LIGHT OF EUROPEAN COUNTERRORISM POLICY
Hano Ernst
; Faculty of Law University of Zagreb, Zagreb, Croatia
Kristijan Poljanec
orcid.org/0000-0002-4912-1335
; Faculty of Economics University of Zagreb, Zagreb, Croatia
Abstract
The paper discusses international, European, and Croatian rules on cultural
goods trade. The authors critically approach the fact that said rules have not recognized
the importance of property law mechanisms in fi ghting illegal trade in cultural goods.
The paper addresses the problem of cultural goods export into third countries and
EU reactions to the Iraqi and Syrian crises in terms of cultural goods importation.
The authors refl ect on existing internal regulation of cultural goods movement
within the context of free movement of goods, and analyze restrictions to cultural
goods transactions in Croatian law. The paper concludes that the Croatian system of
cultural goods trade has created an adequate framework for the fi ght against cultural
goods traffi cking and that it contributes to European counterterrorism policy, noting
however there remains room for improvement, particularly in the fi eld of private law.
Highlighted issues include the principle of lex rei sitae as the relevant connecting
factor for cultural goods acquisition, as well as questions linked to traditional
doctrines of bona fi de purchase and adverse possession. The paper sets out several
recommendations for the future system of protection of cultural property through
import regulation.
Keywords
cultural goods; lex rei originis; counterterrorism policy; bona fide purchase
Hrčak ID:
178133
URI
Publication date:
10.3.2017.
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