Einde inhoudsopgave
Unidroit Convention on stolen or illegally exported cultural objects
Article 6
Geldend
Geldend vanaf 01-07-1998
- Bronpublicatie:
24-06-1995, Trb. 1996, 227 (uitgifte: 28-08-1996, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-07-1998
- Bronpublicatie inwerkingtreding:
01-07-1998, Internet 1998, www.unidroit.org (uitgifte: 01-07-1998, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal privaatrecht / Algemeen
Verbintenissenrecht / Algemeen
Verbintenissenrecht / Overeenkomst
1.
The possessor of a cultural object who acquired the object after it was illegally exported shall be entitled, at the time of its return, to payment by the requesting State of fair and reasonable compensation, provided that the possessor neither knew nor ought reasonably to have known at the time of acquisition that the object had been illegally exported.
2.
In determining whether the possessor knew or ought reasonably to have known that the cultural object had been illegally exported, regard shall be had to the circumstances of the acquisition, including the absence of an export certificate required under the law of the requesting State.
3.
Instead of compensation, and in agreement with the requesting State, the possessor required to return the cultural object to that State, may decide:
- a)
to retain ownership of the object; or
- b)
to transfer ownership against payment or gratuitously to a person of its choice residing in the requesting State who provides the necessary guarantees.
4.
The cost of returning the cultural object in accordance with this article shall be borne by the requesting State, without prejudice to the right of that State to recover costs from any other person.
5.
The possessor shall not be in a more favourable position than the person from whom it acquired the cultural object by inheritance or otherwise gratuitously.