Límites del dominio de los bienes culturales muebles

Abstract

The Spanish Historical Heritage Act is configured as an exception to the civil law in which both the power to dispose of the thing in favour of another -art. 348 CC, as the rules of traffic safety law in relation sets the acquisition of ownership by adverse possession and good faith, -arts. 1.473 and 464 CC. Having cultural property a dual value, heritage and culture, will be the cultural interest which justifies that they have a legal protection that will allow government interference in the content of these property rights and will mean for the owners, holders and holders a number of obligations, burdens and limitations, which will have effects on both the joy and the power of available -circulation, exports of goods-with corresponding penalties for non-compliance-. There are also limits to the level of international law derived from jurisdiction and applicable law. In addition, interested in studying the situation in comparative law, to have a broader view of the issue and see what elements we can provide. Finally, there are other limits arising from taxation and intellectual property law to be taken into account. All this influences undoubtedly in the art market.