Conflict of laws issues in the legal regulation of property relations concerning cultural property

Abstract

This article is devoted to a comprehensive study of the legal regulation of property rights to cultural assets within the framework of international commercial relations and an analysis of the complex conflict-of-laws issues that arise in this area. The paper examines in detail the specifics of determining the applicable law in private legal relationships with a foreign element, where the objects are items of special cultural, historical, or scientific value.

The author analyzes the current state of the legal mechanism for protecting world cultural heritage, focusing on the shortcomings of classical conflict-of-laws regulation. Particular attention is paid to a critical re-examination of the traditional lex rei sitae (law of the location of the object) and the necessity of applying special conflict-of-laws rules for the cross-border circulation of art objects is substantiated. The article examines problematic aspects of the transfer of ownership, particularly the moments of the creation and termination of property rights in situations of illegal export or theft of valuables.

The scientific novelty of the article lies in the proposal of specific recommendations for improving the instruments of private international law. In particular, the author proposes ways to optimize the balance between the statute of limitations for claims and acquisitive prescription to protect the rights of a bona fide acquirer and the lawful owner, defines criteria for establishing jurisdiction in disputes regarding the restitution of cultural property, and outlines prospects for developing unified international standards for this category of cases.