TY - JOUR
TI - Illicit Trade in Cultural Objects under the Spanish Law: The Cabeza de mujer joven Case
AU - Capote Pérez, Luis Javier
TI - Illicit Trade in Cultural Objects under the Spanish Law: The Cabeza de mujer joven Case
AB - This article seeks to introduce a brief description of the rules of protection of cultural heritage goods in the Spanish Law, using the example of a mediatic case of illicit trade, where the regulations of civil law, criminal law, and administrative law were applied and where the freedoms inherent in the right of ownership collided with the rules on properties of cultural interest. First, it provides an overview of the Spanish cultural heritage law, beginning with the constitutional mandate of assuming and promoting the protection of Spanish cultural heritage, and thereafter focusing on the concept of private ownership and its limits, in accordance with the social function of all property rights under the 1978 Spanish Constitution. Second, it describes a well-known case of illicit trade, focused on a valuable painting by Pablo Picasso. The work Cabeza de mujer joven (Head of a young woman) belonged to a private owner who decided to sell it internationally, using the services of a well-known auction house. When the required permission for exportation was denied by the Spanish public administration, the owner commenced a court proceeding aimed at changing the decision, but also planned to send the painting abroad using a yacht on his property. Thirdly, the article’s conclusion reflects on the level of severity of the Spanish legislation as applied in the case, in the context of the balance between cultural heritage protection and the freedom of disposition inherent to the right of property ownership.
VL - 2023
IS - 2/2023 (9)
PY - 2023
SN - 2391-7997
C1 - 2450-050X
SP - 321
EP - 332
DO - 10.4467/2450050XSNR.23.033.18653
UR - https://ejournals.eu/en/journal/saaclr/article/illicit-trade-in-cultural-objects-under-the-spanish-law-the-cabeza-de-mujer-joven-case
KW - cultural heritage
KW - civil law
KW - criminal law
KW - illicit trade
KW - Cabeza de mujer joven