scholarly journals Cultural Heritage in Juridical Realm of Things

2020 ◽  
pp. 169-179
Author(s):  
Malyshev Oleksandr
Keyword(s):  
Cultural Heritage ◽  
Civil Law ◽  
Cultural Property ◽  
Property Law ◽  
The World ◽  
Modern Vision ◽  
Legal Forms ◽  
Civil Codes ◽  
Definition Of ◽  
Bürgerliches Gesetzbuch

Introduction. This article deals with the concepts of cultural heritage and cultural property from the standpoint of legal history and philosophy. This research reflection was inspired by the Draft Law of Ukraine “On Cultural Market Goods”. The author follows the path determined by language and by peculiarities of civil law tradition. It is high time to return to a dialectical understanding of Romance and Germanic traditions as two contradictive poles of heritage law understanding in Continental Europe. The aim of the article is the analysis of the correlation of “cultural heritage” and “cultural property” notions within international law and national law of Ukraine, and integration of these notions into the united concept of heritage law. Results. First, the fundamental terms and definitions – for instance, “bien” (French) and “Sache” (German) – related to the property law have been analysed in relevant civil codes of Romance and Germanic traditions. The property law in the civil law tradition provides a certain legal description of the whole visible and abstract world. Hence, the way passed from the Napoleonic Code to the German Bürgerliches Gesetzbuch was both the development of legal forms, as well as the evolution of the world outlook reflected in the legal texts. In the French Code civil, one can observe a baroque pattern of the world of things, especially manifested by a difficult correlation between “bien” and “chose” concepts. The definition of “Sache” in Bürgerliches Gesetzbuch demonstrates the positivistic world vision. Because Bürgerliches Gesetzbuch is more advanced from the legal drafting methodology, its specific patterns and notions were implemented by the civil codes of the majority of European countries. On the contrary, in the heritage law realm, the Romance “bien” concept has been dominating. Conclusions. Paper states that the Romance law tradition and, particularly, the French doctrine of the civil law have a determining impact on the roots and on the formation of the modern vision of the cultural property. Hence, such doctrinal foundations seem to be efficient for a systematic and organic comprehension of the heritage law.

Introduction

2019 ◽  
pp. 1-26
Author(s):  
Lucas Lixinski
Keyword(s):  
Cultural Heritage ◽  
Cultural Property ◽  
Natural Heritage ◽  
Working Definition ◽  
Definition Of ◽  
The Relationship

The Introduction details the book’s general aims and argument. It also lays the groundwork for some of the broader theoretical themes that run through the book, namely: the relationship between law and non-law with respect to cultural heritage; the conservation paradigm under which international heritage law operates; and the basic terminology that the book uses, in its choice to refer to simply ‘heritage’, instead of ‘cultural heritage’, ‘cultural property’, ‘natural heritage’, and a working definition of ‘community’.

Part II Substantive Aspects, Ch.11 World Cultural Heritage

2020 ◽  
Author(s):  
Francioni Francesco
Keyword(s):  
Cultural Heritage ◽  
Cultural Property ◽  
Dynamic Evolution ◽  
Special Position ◽  
Natural Heritage ◽  
Intangible Heritage ◽  
The World ◽  
Cultural Properties ◽  
Unesco Convention ◽  
World Cultural Heritage

The concept of ‘world heritage’ was legally codified by the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage (WHC). This convention occupies a special position in the ever-expanding body of international cultural heritage law. This is for three fundamental reasons. First, with its 193 States Parties, it is a truly universal treaty in force for the protection of cultural heritage. Second, it represents a major innovation by its unprecedented approach that brings together cultural properties and natural sites of exceptional importance, both subject to the same system of international cooperation for their identification, delineation, and protection. Third, this convention has contributed to the reconceptualization of ‘cultural property’, paving the way for its dynamic evolution into the more comprehensive concept of ‘cultural heritage’, understood as the inherited patrimony of culture—inclusive of the intangible heritage and living culture of relevant human communities.

scholarly journals Urban planning objects of protection as a component of the system of protection of the world heritage object

2020 ◽  
Vol 164 ◽  
pp. 04020
Author(s):  
Aleksei Mikhailov
Keyword(s):  
Urban Planning ◽  
Cultural Heritage ◽  
Saint Petersburg ◽  
Heritage Site ◽  
The World ◽  
Significant Area ◽  
World Cultural Heritage ◽  
Historical Center ◽  
Methodological Approaches ◽  
Definition Of

The paper is devoted to research of scientific and methodological approaches to the definition of urban planning objects of protection. Attention is paid to individual objects of cultural heritage and the totality of such objects united in ensembles, as well as a significant area and complexity of the world cultural heritage site “Historical center of Saint-Petersburg and related groups of monuments”. Typical examples are considered: Kirov Department Store and factory-kitchen, G. F. Voldt’s Summer house, Estate of E. I. Lopukhina (Levashovy’s, Vyazemski’s) “Aspen Grove”.

scholarly journals Architectural Heritage Value Dispersed on Sensuous Thresholds in Kim Swoo Geun’s Arario Museum in Space, Seoul

2020 ◽  
Vol 12 (11) ◽  
pp. 4664
Author(s):  
Jiae Han
Keyword(s):  
Cultural Heritage ◽  
Physical Structure ◽  
Modern Architecture ◽  
Cultural Property ◽  
Architectural Heritage ◽  
Space Group ◽  
Spatial Features ◽  
The Status ◽  
Definition Of

As a representation of Korea’s modern architecture, Kim Swoo Geun described the Space Group of Korea Building as an “enclosed but endless space”. The Space Group Building is currently Korea’s Registered Cultural Heritage No. 586. Its name was changed to Arario Museum in Space; since 2013, it has been used as a museum. This study aims to reveal what spatial features of the Arario Museum have value as cultural heritage to make its sustainable architectural message. This research will analyze spatial traits within thresholds, beyond the general spatial traits of the architecture itself. The threshold gives Arario Museum meaning as a registered cultural property of Korea. The fundamental methodology to analyze the issue of threshold is to document the architectural experience based on the architect’s interviews, sketches and diagrams for design intention and strategy. Kim’s space displays the unification of physical structure and invisible phenomenon and cognition. The definition of threshold and the elements that constitute it discussed in this research were those that cover such multileveled concepts as materials that constitute the threshold. In addition, the phenomenon and status of these elements extracted in such manner being actually dispersed was verified, and the obtained characteristics of the threshold can result in the following: the concealment, juxtaposition, and flexibility are ultimately expanded to the ambiguity which is unique to Arario Museum in Space. Concealment started from observing the surface of threshold itself, and juxtaposition is the relational interpretation among the various elements. After the analysis on the dispersion and contacts, the status and phenomena of the building’s thresholds were concluded as a flexibility connection to its heritage value.

Western Dualism and the Regulation of Cultural Production

2021 ◽  
Vol 4 (4) ◽  
pp. 1-116
Author(s):  
Fiona Macmillan
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Cultural Production ◽  
Property Law ◽  
Western Thought ◽  
The West ◽  
Intellectual Property Law ◽  
The World ◽  
Legal Regimes

Abstract This work sets out to consider the fate of creativity and forms of cultural production as they fall into and between the regimes of cultural heritage law and intellectual property law. It examines and challenges the dualisms that ground both regimes, exposing their (unsurprising) reflection of occidental ways of seeing the world. The work reflects on the problem of regulating creativity and cultural production according to Western thought systems in a world that is not only Western. At the same time, it accepts that the challenge in taking on the dualisms that hold together the existing legal regimes regulating creativity and cultural production lies in a critically nuanced approach to the geo-political distinction between the West and the rest. Like many of the distinctions considered in this book, this is one that holds and does not hold.

scholarly journals Preserving and documenting the Cultural Heritage

2008 ◽  
Vol 5 (2) ◽  
Author(s):  
Deniz Özkut
Keyword(s):  
Cultural Heritage ◽  
Cultural Values ◽  
Point Of View ◽  
Cultural Property ◽  
Total Quality ◽  
Implementation Phase ◽  
Emotional Context ◽  
Physical Context ◽  
Effective System ◽  
Definition Of

The phenomenon of preservation may be described as a physical process that depends onconceptual facts. When observed from a conceptual point of view, ‘values’ cause the divergencesin the preservation process, which could be named as the pre-requisites of the construction.Values carry emotional and physical points of view. The emotional context, of course, dependson recognizing and remembering while physical context depends on direction of research. They are indicators of cultural characteristics and historical identity. ‘Cultural values’1, more over, explains the meanings attributed to the cultural property, which meanings will be preserved, and the reasons for their preservation. On behalf of this context, the preservation process may be defined as the preservation of the cultural heritage within an effective system. This effective system isaimed at attaining the total quality as a result of a synthesis of the technology, technique, and material originally deployed with those of the present. Besides, one of the most important inputin the preservation process is the priorities of the intervention to be held, as the latter will determine the decisions and types of intervention during the implementation phase of the preservation project. As a significant paradox, the most important parameter that shapes both a preservationproject and its process appears to be the risks that consist of indefinite input preventing theproject from a proper definition of its context. Since all physical problems and the social statusof the cultural property to be preserved have direct impact upon the design process of thepreservation project, these priorities and the risks should be clarified in the course of pre-assessment phase at the beginning of the preservation process.

scholarly journals Establishment of things

2006 ◽  
Vol 78 (9) ◽  
pp. 413-441
Author(s):  
Janko Kubinjec
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Property Law ◽  
Human Relationship ◽  
Legal Concept ◽  
Legal Definition ◽  
The Law ◽  
Definition Of

Legal concept of person is to be constituted, while the legal concept of thing is to be established. Legal concept of thing is a metaphysical category that shall be differentiated from the positive-legal definition of thing as an empirical phenomenon, as well from the natural thing, which is also as an empirical phenomenon. Legal concept of thing is a spiritual phenomenon, which belongs to the field of objective spirit. The thing is the basis for the entire civil law. The wrong conclusion that civil law starts with ownership and ownership with possession, is based on the so called naturalistic error. For the title, the thing is primarily a freedom for the person, while the mortgage is the border with which the owner is confronted. At the point where freedom overflows from person to thing we have erga omnes effect of property rights. It is not possible to clearly and materially differentiate person from the thing without defining the law as the freedom, and without making this distinction, the persons can also be defined as res cogitans. In the property law, the essence is manifested through the human relationship. In the law of the contracts and torts the thing is neglected up to the point where we come to property, and point where property becomes the claim. If, in addition to that, directly natural refutation of things is produced, we are faced with the legal concept of damages. In the authentic law, the succession is always the concept pertaining to things and only in the non authentic law it may be the concept pertaining to persons.

scholarly journals The Trust Property Law: integration of obligatory and proprietary elements

2020 ◽  
pp. 84-93
Author(s):  
Oksana Kiriiak
Keyword(s):  
Civil Law ◽  
Careful Analysis ◽  
Legal Regulation ◽  
Property Law ◽  
Trust Relationship ◽  
Theoretical Approaches ◽  
Legal Obligations ◽  
Trust Property ◽  
Definition Of ◽  
The Right

The article examines the complex institution of civil law of Ukraine «the right of trust», which combines the features of classical property and legal obligations. The study of trust property right should be considered as a new main highway direction in the whole science of civil law. At the same time, the lack of thorough research on the issues of empirical awareness and practical application of trust property law does not allow this article to cover all the problematic aspects of the implementation of this institution. In this regard, the author deliberately narrows the object of research to the analysis of various theoretical approaches to understanding the essence of trust property at the present stage, which, in our view, is crucial for the formation of the vector of further research in this area. The implementation of a new comprehensive institution of trust property inevitably requires immediate editorial transformation of legislative acts, which is unjustified without thoughtful borrowing of foreign experience in legal regulation of the studied relations, including in its historical retrospect, careful analysis of all errors and «non-working» norms that have been made in recent years in the law of foreign countries. As a result of the analysis, three main scientific and theoretical approaches to the definition of the essence of the right of trust were identified: 1. Obligatory approach (from the Latin obligatoria – obligations, security), whose representatives defend the view that a trust relationship, as binding, is characterized by the satisfaction of the interests of the authorized person by committing certain mandatory actions related party in respect of certain property belonging to the principal. 2. Respossessional approach (from the Latin res – thing, possessio – possession), whose representatives emphasize the purely material nature of trust, because, according to them, the powers of the trust owner, which is opposed by an indefinite number of persons constructed according to the scheme, which is similar to the powers of the owner and therefore can’tbe anything other than limited property rights. 3. Combinatorial approach (from the Latin combinant –- to combine, combine), whose representatives emphasize that the relationship of trust is currently at the junction of binding and material relations and therefore all the arguments of connoisseurs of previous trends here offer to use not as mutually exclusive or contradictory, but, conversely, complementary criteria. Key words: trust property, the right of trust property, trust relationship, property relationship, legal relationship.

Ideological Warfare against Cultural Property: UN Strategies and Dilemmas

2016 ◽  
Vol 19 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Kirsten Schmalenbach
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
International Criminal ◽  
Cultural Property ◽  
International Criminal Law ◽  
Illicit Trade ◽  
Clear Cut ◽  
The World ◽  
International Responsibility ◽  
Emergency Measures

With iconic cultural heritage in Afghanistan, Mali, Libya, Iraq and Syria at the mercy of Jihadi extremists, the international community’s somewhat feverish compilation of emergency measures illustrates both the sense of urgency now felt, but also how unprepared the world was to be confronted with ideological warfare against the ‘culture of the heretics.’ The laws of armed conflict, and in its wake international criminal law, provide relatively clear cut proscriptive rules against ideologically motived cultural destruction, which cannot be said of peacetime rules on cultural heritage protection. But the threat of incurring international responsibility and punishment is seen as inconsequential when the perpetrators’ driving ideology distains external laws. On UN level, the Security Council has resorted to a global trade ban to target two birds with one stone: to dry-up is’s source of income through illicit trade in Iraqi and Syrian antiquities and to preserve artefacts by making illicit excavation and pillaging economically unattractive. Unfortunately the situation on the ground, with its many uncertainties regarding domestic implementation means the effectiveness of this measure is in abeyance.

A New International Regime for the Protection of Underwater Cultural Heritage

2002 ◽  
Vol 51 (3) ◽  
pp. 511-554 ◽  
Author(s):  
Craig Forrest
Keyword(s):  
United Nations ◽  
Cultural Heritage ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
Underwater Cultural Heritage ◽  
International Regime ◽  
United Nations Educational ◽  
Natural Heritage ◽  
The World

In November 2001, a new weapon was added to the United Nations Educational, Scientific and Cultural Organisation's2arsenal used to protect and preserve the world's cultural heritage, in the form of the Convention on the Protection of the Underwater Cultural Heritage.3This Convention, while not yet in force, will complement UNESCO's three other heritage conventions, the 1954 Hague Convention on the Protection of Cultural Heritage in the Event of Armed Conflict,4the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1971)5and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage.6

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