Einde inhoudsopgave
Unidroit Convention on stolen or illegally exported cultural objects
Article 5
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.
A Contracting State may request the court or other competent authority of another Contracting State to order the return of a cultural object illegally exported from the territory of the requesting State.
2.
A cultural object which has been temporarily exported from the territory of the requesting State, for purposes such as exhibition, research or restoration, under a permit issued according to its law regulating its export for the purpose of protecting its cultural heritage and not returned in accordance with the terms of that permit shall be deemed to have been illegally exported.
3.
The court or other competent authority of the State addressed shall order the return of an illegally exported cultural object if the requesting State establishes that the removal of the object from its territory significantly impairs one or more of the following interests:
- a)
the physical preservation of the object or of its context;
- b)
the integrity of a complex object;
- c)
the preservation of information of, for example, a scientific or historical character;
- d)
the traditional or ritual use of the object by a tribal or indigenous community,
or establishes that the object is of significant cultural importance for the requesting State.
4.
Any request made under paragraph 1 of this article shall contain or be accompanied by such information of a factual or legal nature as may assist the court or other competent authority of the State addressed in determining whether the requirements of paragraphs 1 to 3 have been met.
5.
Any request for return shall be brought within a period of three years from the time when the requesting State knew the location of the cultural object and the identity of its possessor, and in any case within a period of fifty years from the date of the export or from the date on which the object should have been returned under a permit referred to in paragraph 2 of this article.