TY - JOUR
TI - A Registry for Movable Cultural Property of Significant Importance to Switzerland: Limit to the Cross-Border Movement and Right of Ownership
AU - Simoes, Carine
TI - A Registry for Movable Cultural Property of Significant Importance to Switzerland: Limit to the Cross-Border Movement and Right of Ownership
AB - 
	Switzerland now has a federal registry of its movable cultural property of significant importance. This measure is based on the national legislation implementing the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Only Swiss cultural property or property with a close link to Switzerland is targeted. The registry includes, inter alia, archaeological objects, sculptures by Alberto Giacometti, paintings by Ferdinand Hodler, and also a correspondence by Albert Einstein from the period when he lived in Berne and discovered the theory of relativity. The inclusion of cultural property in the federal registry has two major effects: it restricts both cross-border movement and property rights. On one hand, the permanent export of a listed cultural property is prohibited. Although a temporary export may be authorized for research, conservation, or exhibition purposes. On the other hand, registered cultural property becomes res extra commercium: acquisitive prescription, even in good faith, does not apply. As a result, registered cultural property benefits from enhanced protection against permanent loss due to theft and illicit export.
VL - 2019
IS - 2/2019 (5)
PY - 2019
SN - 2391-7997
C1 - 2450-050X
SP - 187
EP - 192
DO - 10.4467/2450050XSNR.19.019.11567
UR - https://ejournals.eu/czasopismo/saaclr/artykul/a-registry-for-movable-cultural-property-of-significant-importance-to-switzerland-limit-to-the-cross-border-movement-and-right-of-ownership
KW - federal registry (inventory)
KW - national treasures
KW - cultural property
KW - Switzerland
KW - export authorization