PP1010
Analítico de Periódico
JAUSS, Steffen M.
Kulturgutschutz unter Wirtschaftlichkeitsvorbehalt / Steffen M. Jauss
Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft, Baden-Baden, a.101 n.2 (2018), p.150-170
PATRIMÓNIO CULTURAL / Alemanha, PROTECÇÃO DO PATRIMÓNIO CULTURAL, BENS CULTURAIS
The legislator has based the new Act on the Protection of Cultural Property on the idea that certain objects should be subject to special protection because of their significance for cultural life. However, the legislator does not live up to his own requirements. Instead he makes the protection of the substance and of the location absolute, regardless if this promotes cultural life. On the one hand this is noticeable for the matter of the protection against the outflow of cultural property. The respective provisions refer to certain value and age thresholds but not to the object’s significance for the cultural life. On the other hand the diligence that the art market is obligated to observe largely depends on economic criteria. Thus, if the legislator defines whether an object is worth protecting by applying primarily economic criteria he contradicts his own values. Not least because he considers international interests only to the absolute minimal extend, there will be further cause for thorough discussion about the German approach to the protection of cultural property in the future.