Due diligence in the acquisition of cultural objects

Abstract

Once upon a time, in an ancient Far East country, lived a very powerful tyrant. He was so powerful and cruel, everyone lived in fear. Every order he gave was obeyed, otherwise he would give terrible punishments. His army oppressed the poor and the widows; he would condemn any rebel to death. He feared nothing, but every night the bloodthirsty tyrant was very anxious and could not sleep. His thoughtful courtiers would ask him why he could not sleep. He replied: ‘There are only thirty fair people in my kingdom’. Stories from other times? Actually, today we all have to come to terms with a terrible tyrant: profit. A tyrant who lives and does not care about our memory, taking it away from the new generation, privatizing the pleasure of enjoying the beauty of art—a terrible, powerful, unstoppable tyrant. By taking a closer look, one can see that the tyrant has his insomnia. The most important is simply the law. The U nidroit Convention on Stolen or Illegally Exported Cultural Objects (U nidroit Convention) (Rome, 24 June 1995) is a very important legal tool to limit the tyranny of trade and profit and to protect our remembrance. CHAPTER II - RESTITUTION OF STOLEN CULTURAL OBJECTS Article 3 (1) The possessor of a cultural object which has been stolen, shall return it. (2) For the purposes of this Convention, a cultural object which has been unlawfully excavated or lawfully excavated but unlawfully retained/ shall be cons i dered stolen, when consistent with the law of the State where the excavation took place. Article 4 (1) The possessor of a stolen cultural object required to return it shall be entitled, at the time of its restitution, to payment of fair and reasonable compensation provided that the possessor neither knew nor ought reasonably to have known that the object was stolen and can prove that it exercised due diligence when acquiring the object. (2) Without prejudice to the right of the possessor to compensation referred to in the preceding paragraph, reasonable efforts shall be made to have the person who transferred the cultural object to the possessor, or any prior transferor, pay the compensation where to do so would be consistent with the law of the State in which the claim is brought. Law no. 213(1) of 7 June 1999 Ratification and implementation of the Final Act of the diplomatic Conference for the adoption of the draft U nidroit Convention on the international return of stolen or illegally exported cultural objects, with an Annex, done in Rome on 24 June 1995(2). Article 4. Compensation 1. The Tribunal, in providing for the restitution or return of the cultural object, may, at the request of the possessor who has taken legal action, grant him compensation determined also on the basis of equitable criteria. 2. To obtain the compensation under paragraph (1), the interested person must prove that he acquired possession of the object in good faith.