Base de données sur la législation

Trafic de biens culturels

    Texte original

    Article 1: Principles

    1. In implementation of article 9 of the Constitution, the Republic shall protect and enhance the cultural heritage in accordance with the powers set out in article 117 of the Constitution and according to the provisions of this Code.

    2. The protection and enhancement of the cultural heritage shall concur to preserve the memory of the national community and its territory and to promote the development of culture.

    3. The State, the Regions, the Metropolitan Areas, the Provinces and Municipalities shall ensure and sustain the conservation of the cultural heritage and foster its public enjoyment and enhancement.

    4. Other public bodies shall, in carrying out their activities, ensure the conservation and the public enjoyment of their cultural heritage.

    5. Private owners, possessors or holders of property belonging to the cultural heritage must ensure its conservation.

    6. The activities concerning the conservation, public enjoyment and enhancement of the cultural heritage indicated in paragraphs 3, 4 and 5 shall be carried out in accordance with the laws on protection.

    Article 2:Cultural Heritage

    1. The cultural heritage consists of cultural property and landscape assets.

    2. Cultural property consists of immovable and movable things which, pursuant to articles 10 and 11, present artistic, historical, archaeological, ethno-anthropological, archival and bibliographical interest, and of any other thing identified by law or in accordance with the law as testifying to the values of civilization.

    3. Landscape assets consist of the buildings and areas indicated in article 134, which are the expression of historical, cultural, natural, morphological and aesthetic values of the land, and any other assets identified by law or in accordance with the law.

    4. Cultural heritage property belonging to the government shall be designated for public enjoyment, compatibly with the needs of government use and on condition that no protection reasons to the contrary persist.

    Article 3:Protection of the Cultural Heritage

    1. Protection consists in the exercise of the functions and in the regulation of the activities aimed at identifying, on the basis of adequate investigative procedures, the properties constituting the cultural heritage and at ensuring the protection and conservation of the aforesaid heritage for purposes of public enjoyment.

    2. Protection functions are also carried out by means of provisions aimed at conforming or regulating rights and behavior inherent to the cultural heritage.