Profili di diritto internazionale privato del commercio dei beni culturali

This study examines some of the private international law issues raised by the international trade of cultural objects. Given their characterisation as movable assets, these objects may form the subject matter of contractual relationships (e.g. sale, loan, transport, insurance) and property rights. The law applicable to these legal relationships is usually determined according to the conflict-of-laws rules for contracts and rights in rem. When applied to cultural objects, however, these rules often lead to unsatisfactory results. In particular, their functioning does not adequately take into account the States’ interest in the protection of their cultural heritage. This study examines some of the problems arisen, their causes, and the proposed solutions.