Mohammad Taghi Rafiei; Abolfazl Shahin
Abstract
< p >< p >Resolving the conflict of laws applicable to cultural heritage disputes in an important challenge which is faced with private international law. The cause of this challenge is, in one hand, the preponderant role of cultural property in constituting of cultural and historical identity ...
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< p >< p >Resolving the conflict of laws applicable to cultural heritage disputes in an important challenge which is faced with private international law. The cause of this challenge is, in one hand, the preponderant role of cultural property in constituting of cultural and historical identity of nations, and the enormous profit of illicit trade of cultural properties on the other hand which leads to numerous disputes. In most of these claims, the lex rei sitae rule has been applied and this has been led to making unfair judgments. The negative effects of these decisions lead to the question of determining the proper law governing cultural property claims. The theory of applying the lex originis rule to cultural property disputes is the theory which is accepted in this article. In order to prove this theory, this article is divided into two parts by a descriptive and analytical method: at first, the lex rei situs rule will be studied and the applying of this rule to cultural property claims will be examined by a critical perspective and then the alternative courses of action will be analyzed.
