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The Conservation of Culture at All Costs: Spain’s Cultural Asset Export Laws as Examined Through the Old Masters

©Photographic Archive Museo Nacional del Prado. Michelangelo Merisi da Caravaggio, Ecce Homo. Oil on canvas, 1606–1609. Private collection.
©Photographic Archive Museo Nacional del Prado. Michelangelo Merisi da Caravaggio, Ecce Homo. Oil on canvas, 1606–1609. Private collection.

By Chloe Ghaleb

The beating heart of the Spanish polity is a proud and multilayered culture. Modern Spain derives from deep historical traditions that encompass millennia of different empires, religions, and flashpoint events. Its historical traditions are reflected in Spain's landmarks, religious sites, and artistic legacies, which are integral elements of its national heritage. In recognition of its rich history, Spain’s constitution holds a promise to protect its heritage:

“The public authorities shall guarantee the conservation and promote the enrichment of the historical, cultural and artistic heritage of the peoples of Spain and of the property of which it consists, regardless of its legal status and its ownership. Offences committed against this heritage shall be punished under criminal law.”[1]

Despite occasionally failing to live up to this solemn oath, Spain regularly enforces its heritage laws with notable implications for the art market, including with the fate of works by the Old Masters.

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Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.