The Study On The International Private Law Issues About The Oversea Cultural Property

The cultural property is a special property with two values——the value of culture and the value of property. As a property, it has an amazing increasing price. As a cultural property, it witnesses our five-thousand splendid histories. However, because of the war, colonization and smuggling, a huge number of cultural properties were run off among centuries. Nowadays more and more countries have paid a great intention on the research of lost cultural property, and they urge the recovery of the lost cultural property which causes a lot of disputes. In fact, this issue is complicated, it includes the legal problems of international conventions, international customs, it is also related to the comprehensive strength, diplomatic means and the conflicts of the culture. That is why need to study its issues on international private law.The thesis uses the methods of comparative analysis and case analysis to study. Compare the related institutions in international conventions and domestic legislations of different countries to reveal differences. In addition, try to find out the most suitable applicable law by comparison. Study the cases, especially the cases of international litigations, concern on the international private problem.In the first chapter, it introduces the basic information about illicit cultural property. Make a definition of the oversea cultural property, talks the significance of recourse and introduces the three international conventions in the recourse of oversea cultural property.In chapter two, talk about the problems of international private law which met in the recourse of oversea cultural property. Study the conflict laws of bona fide, statute of limitations. Solve the problems of jurisdiction and the qualification of plaintiff which meet in the international litigation.Chapter four emphasizes the legislation and recommendations of repatriation of illegal removed cultural property in China. Base on the analysis above, give some suggestions of international private law.