General Characteristics of the Cultural Values Purchase Agreement

Abstract

Problem setting. There is a tendency to expand the markets of goods, in particular, the market of cultural values (art market) in the conditions of formation and development of market economy in Ukraine. Therefore, there is an urgent problem to carry out a detailed description of the dealings in relation to cultural values.

Target of research. The purpose of this article is to make a detailed description of the transaction in relation to cultural property, in particular, a bilateral transaction – a contract of sale and purchase of cultural property.

Analysis of recent research and publication. The works of V.I. Akulenko, O.V. Butkevich, V.F. Zverhovskaya, T.G. Katkova, T.V. Kurilo, O.A. Menskaya were devoted to the study of cultural values. Among foreign scientists who have been studying the problems of protection and circulation of cultural property, special attention should be paid to scientific works of J. H. Merimen, R. J. O’Keefe, R. K. Paterson, M. M. Boguslavsky, M. O. Alexandrova, I. E. Martynenko, V. O. Neshataeva, R. G. Nurullina, O. P. Sergeyev and others.

Article’s main body. The general characteristic of the contract of sale and purchase of cultural property is carried out taking into account the norms of the current legislation and customs of business turnover in the field. In the course of the analysis of scientific works and practices, the most common types of contracts for the purchase and sale of cultural property are established, namely the ordinary contract of sale and sale of cultural property through an auction. The list of requirements related to the contract of sale of cultural property is given. Each of them is analyzed in detail.

Arguments are being made regarding the need for a mandatory notarization of a contract for the purchase and sale of movable cultural property and for the state registration of such an agreement, which will allow to take the turnover of cultural property to a new level and serve to combat illicit trafficking of cultural property. The essential terms of the contract are formulated. The concepts and instances of the right to follow and the right of access to cultural property are revealed. Cases of pre-emption law are analyzed. It describes what cultural values can be the subject of the contract. Separately characterized by the sale and purchase of cultural property through the auction, determine the stages of the auction.

Conclusions and prospect of development. Thus, the process of concluding contracts at auction is not a simple mechanism of relations, governed by the rules of private and sometimes public law, and is a complex of substantive procedural actions aimed at achieving the main goal – the conclusion of the main contract with the successful bidder.