Kulturgüterschutz im IPR

Art is traded internationally. When crossing national borders, cultural property falls under the jurisdiction of various legal systems, some of which differ significantly. The question of which law applies is therefore crucial for the legal fate of the cultural property. The situs rule, which applies almost universally, allows the applicable law to be manipulated simply by changing the place of location. This thesis therefore proposes alternatives to lex rei sitae for the bona fide acquisition of lost and unlawfully exported cultural property. It examines in particular lex furti, lex originis, overriding public policy provisions, and ordre public. To ensure legal certainty, statutory regulations—ideally international ones—are necessary.