Art Law & Balances. Increased Protection of Cultural Heritage Law vs. Private Ownership

Towards Clash or Balance

Bibliographic Data

ID12201358
AuthorsMarie-Sophie De Clippele (0000-0002-2817-8682, Fund for Scientific Research), Lucie Lambrecht
Year2015
Volume22
Issue2-3
Pages259-278
Publication date2015-08-01
Open AccessYes
TypeARTICLE
VenueInternational Journal of Cultural Property (JOURNAL)
Journal identifiersISSN: 0940-7391 • E-ISSN: 1465-7317
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0940739115000119
OpenAlexW2604994455
LanguageEN
Citations received2

Private ownership and cultural heritage protection are two interests in continuing tension. The traditional conception of property right is based on an absolute individual right to the peaceful enjoyment of possessions. However, interference in this right may restrict its exercise and impose charges on the owner, such as classification measures and conservation easements. This paper formulates a hypothesis about an increased protection of cultural heritage along with that of private ownership. Against the background of a complex constitutional allocation of cultural powers, Belgian law provides a pertinent illustration of this development. At the one hand, Belgian governments have been adopting more extensive legislation protecting cultural heritage. On the other hand, Belgian courts, traditionally reluctant to recognize any compensation right when the protective measure only restricts the ownership, gradually appear to undertake a more thorough analysis of the fair balance between the conflicting interests, notably in favor of the owner. The authors gauge the merits of a new model of cultural heritage protection

Balance (ability · Business · Compensation (psychology · Cultural heritage · Cultural property · Easement · Economics · Law and economics · Legislation · Political science · Property rights · Archaeological Research and Protection · Law · Law in Society and Culture

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