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La réparation des dommages causés au patrimoine artistique et culturel français au cours de la Première Guerre mondiale : restitution et compensation

Abstract : Cultural heritage suffered from many ravages during conflicts that have shaped History (destructions, transfers, wartime plunders). Despite punctuated attempts to protect it and restitutions of goods of which it was composed, it was not until the beginning of the 20th century that a global and restorative mechanism in international law was enacted.Thus, at the end of World War I came a time for assessment, involving the necessity for Allied et Associated Powers to settle a peace agreement. Once the principle of integral repair was agreed on by consensus, its implementation had to be defined. This study considers the extent of the German reparation obligation and its allies in its cultural aspect according to the treaty of Versailles. This text highlights the presence of favorable provisions towards the heritage ruined by confrontations and the passage of troops, thereby underlining the transition from a compensatory system to a restorative one, based on the combination of financial compensation, the systematic obligation of restitution and especially the recourse to artistic compensations, which represents, at the time, an innovation.These reports lead us to wonder about the reasons and the perspectives caused by this change. It is then essential to figure out the legal nature of the processes used, and the justification of infringements of the property right, aiming at the reconstruction of artistic sets. Furthermore, ought we to deduce that, at that moment, the protection of the cultural heritage - or simply the related duty of penalty - switched from the action field of a national legal system to an international one? We will focus on the roles of the administrations setting up and on the concepts which may have inspired the settlement of later conflicts (calculation of art damages, seizures of artistic guarantees).
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https://hal.univ-lorraine.fr/tel-03345350
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Submitted on : Wednesday, September 15, 2021 - 2:58:02 PM
Last modification on : Friday, September 2, 2022 - 10:50:02 AM

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  • HAL Id : tel-03345350, version 1

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Clémence Vaillant. La réparation des dommages causés au patrimoine artistique et culturel français au cours de la Première Guerre mondiale : restitution et compensation. Droit. Université de Lorraine, 2021. Français. ⟨NNT : 2021LORR0107⟩. ⟨tel-03345350⟩

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