Protection of cultural goods in Croatia and Serbia, with reference to restrictions of ownership rights

Abstract

In the Article 52 of the Constitution of Croatia, cultural goods are declared as goods of special interest to the Republic of Croatia that enjoy the special protection of the state. Article 69 of the Constitution stipulates that, among other things, the state protects cultural goods as spiritual national values. Article 89 of the Constitution of Serbia determines the obligation of every person to preserve, among other things, cultural heritage as an asset of general interest. The authors believe that something similar exists in most modern legal systems. Various legal subjects own many cultural goods. Still, given their status and the special protection they enjoy, the owners of such goods are subject to certain ownership restrictions and have obligations that owners of most other things do not have. In this paper, the authors will analyze Croatian and Serbian legal acts that regulate the protection of cultural goods with special reference to restrictions of ownership rights over cultural goods in these two countries. There are certain similarities but also some differences in how the protection of cultural goods is regulated in Croatia and Serbia. The types of cultural goods and their protection vary in certain ways, as well as the rights and obligations of owners of cultural goods.