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Geo Magri

The 1970 UNESCO and 1996 UNIDROIT Conventions and their impact on private law

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Abstract

This paper investigates the impact of the 1970 UNESCO and 1995 UNIDROIT Conventions on Italian and European private law. Following the introduction of the two above-mentioned Conventions and the rules of European Union law inspired by them, the obligation to return stolen and illegally exported cultural goods has become widespread on an international scale; this obligation goes so far as to include acquisitions made by third party purchasers in good faith. The international rules have also had an impact on the application of private law, which leads us to question whether there is a special circulating regime for cultural goods that derogates from that of common movable property.

Keywords

  • Cultural Property
  • Bona Fide Acquisition
  • Restitution
  • Return

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