Conflict of Laws in Dealing with the Cultural Money

Main Article Content

Rana Majeed Saleh Al Bayati
Abdul Rasool Abdul Redha

Abstract

There is no doubt and no room for debate that the subject of conflict of laws in general is one of the basic subjects, and in particular dealing with cultural property.


It is a major subject of private international law in relation to civil matters whenever one of the elements of the legal relationship is a foreign element.


Here appears another concept represented by the law applicable to disputes arising from that relationship, so the issue of conflict of laws is one of the issues in which cultural property is a subject that raises a lot of problems in the field of private international law.


The first: relates to understanding the content and scope of the idea of ​​cultural property as a type of property, the second: the possibility of a conflict arising between laws due to the possession of cultural property and how to resolve this conflict by determining the appropriate attribution officer and the possibility of applying the law, the third: the international judicial jurisdiction of the courts of the country that is the origin of this property, and the fourth: the mandatory rules in the national law of the country of origin of the property or the country of the court that is considering the dispute.

Article Details

How to Cite
[1]
“Conflict of Laws in Dealing with the Cultural Money”, JUBH, vol. 33, no. 2, pp. 171–194, Feb. 2025, doi: 10.29196/b4y9az74.
Section
Articles

How to Cite

[1]
“Conflict of Laws in Dealing with the Cultural Money”, JUBH, vol. 33, no. 2, pp. 171–194, Feb. 2025, doi: 10.29196/b4y9az74.