Restitution (art)

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Under restitution of cultural property is defined as the return of looted, unlawfully expropriated, extorted or forced sold cultural goods to the legitimate former owners or their successors.

Basics

The question of restitution is a central aspect of the topic of looted art , looted art and the illegality of the art trade , and a complex legal question with diverse international interdependencies.

Various principles can be considered as legal, political and individual reasons for the return.

• Looting from acts of war
• Looting of cultural goods from colonies
• unfair division of finds during archaeological excavations
• in the case of illegal trade in cultural goods , including from robbery excavations

Significant here are the UNESCO Convention on Measures for the Prohibition and Prevention of the Inadmissible Import, Export and Transfer of Ownership of Cultural Property and the planned regulation of the European Parliament and the Council on the importation of cultural property .

Restitution issues of special epochs and areas

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• Restitution of Nazi-looted property , the return of works of art stolen during National Socialism, see also:
  • Washington Declaration (Principles of the Washington Conference on Works of Art Confiscated by the Nazis) 1998
  • Germany:
    • Restitution of the property of victims of the Nazi regime according to German law, see German reparation policy
    • Section 1 (6) Property Act for Victims of National Socialism
  • NS-Victims Compensation Act (NS-VEntschG)
    • Military Government Act No. 59 , Federal Restitution Act , Federal Office for Central Services and Unresolved Property Issues (subordinate to the Federal Ministry of Finance )
  • Austria: The return of and compensation for persons expropriated and stolen from persecuted property during National Socialism was regulated in the restitution laws after the war (1946–49); The comprehensive Art Restitution Act (federal law on the return of works of art from Austrian federal museums and collections) has existed since 1998, but only applies to property of the Republic of Austria. See restitution (Austria)
• Restitution of cultural goods from colonial contexts: The report on the restitution of African cultural goods in particular has led to intensive discussions and new research on the provenance and ownership of such cultural goods from colonial contexts since 2018 .

See also

• List of restitution cases
• Report on the restitution of African cultural assets

Individual evidence

1. ↑ See e.g. B. Illegal trafficking in cultural goods. unesco.at.
2. ↑ Prevention of the illegal importation of cultural goods: Council adopts its position. consilium.europa.eu, 7 November 2018;
   English-language proposal , eur-lex.europa.eu
3. ↑ Property Act in the version published on February 9, 2005 ( Federal Law Gazette I p. 205 ), which was last amended by Article 3 of the law of May 23, 2011 ( Federal Law Gazette I p. 920 ).
4. ^ National Socialist Compensation Act in the version published on July 13, 2004 ( Federal Law Gazette I p. 1671 ), which was last amended by Article 4, Paragraph 42 of the Act of September 22, 2005 ( Federal Law Gazette I p. 2809 ).