Abstract

OCHOA JIMENEZ, María Julia. Jurisdictional Alternatives for International Restitution of Cultural Goods. Rev. Derecho [online]. 2020, n.53, pp.180-204.  Epub June 09, 2021. ISSN 0121-8697.  https://doi.org/10.14482/dere.53.341.01.

The challenges behind the international restitution of cultural property are faced from different perspectives. In the legal field, private international law deals with complexities that particularly point to how to property rights in a context in which there is, on the one hand, international concurrence of jurisdictions and, on the other hand, diversity of applicable laws. This article seeks to be a contribution to both practice and legislative processes in relation to the first of the two above-mentioned aspects. Thus, it contains a dogmatic analysis of two de lege lata alternatives that grant jurisdiction to the courts of the country where the cultural property is located; it also deals with a de lege ferenda alternative that seeks to overcome weaknesses of the first couple of alternatives by recognizing the jurisdiction of the courts of the country from which the property originates.

Keywords : Restitution; cultural property; conflict of laws; jurisdiction.

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