LIECHTENSTEIN Law and Practice Contributed by: Thomas Plattner and Fabian Jenny, Ospelt & Partners Attorneys at Law Ltd.
5. Cultural Heritage 5.1 Defining Cultural Heritage
The state’s right to reclaim these inalienable items is not subject to any statute of limitations. This ensures that the public interest in preserving national heritage is prioritised over private property claims in specific circumstances. For private owners of registered cultural goods, the standard SR rules apply unless the object has been formally placed under protection. In such cases, the owner is required to notify the state of any intended transfer of title. Transfers carried out without the nec - essary authorisation may be considered null and void. 5.3 State Rights to Cultural Heritage Archaeological finds discovered in Liechtenstein are considered property of the state (Article 18 of the KGG). This applies to all movable objects found either on the surface or underground. Any person who discovers such an object is required to report the find to the Office of Culture without delay. Failure to comply with this reporting obligation constitutes an administrative offence and may result in fines of up to CHF20,000 (Article 13 of the KGG). Once a discovery has been reported, the site of the find must remain undisturbed for five working days to allow for an official assessment (Article 14 of the KGG). Excavations may only be carried out by the state or by individuals who have obtained written per - mission from the Office of Culture. The unauthorised use of technical aids – such as metal detectors – for archaeological purposes is also prohibited. Although finders are not legally entitled to a reward, the state may, at its discretion, grant compensation based on the historical significance of the find (Article 21 of the KGG). 6. Sale of Art Objects Domestically and Abroad 6.1 Key Clauses in Art Sale Contracts Art sale contracts in Liechtenstein are governed by the principle of freedom of contract under the ABGB. There are no specific formal requirements for such agreements, meaning that oral contracts are legally binding (Section 883 of the ABGB). However, written
The Cultural Goods Act (KGG) defines cultural goods as movable or immovable objects of archaeological, historical, artistic, or scientific value (Article 3, Abs. 1, KGG). This category includes items such as paintings, sculptures, manuscripts, and architectural structures. To fall under the protection of the KGG, objects must form part of Liechtenstein’s cultural heritage and be located within the country. Such heritage encompass - es items discovered in Liechtenstein as well as those created by Liechtenstein nationals. The Office of Culture maintains the Cultural Goods Register, where items of national importance may be entered to ensure their preservation and prevent loss or destruction. Additionally, certain objects can be formally “placed under protection” through a gov - ernment decree (Article 40 of the KGG). This status imposes strict obligations on owners, requiring them to safeguard the object’s preservation and physical security. Owners must also notify authorities of any changes in ownership or location. Protected objects must be managed in accordance with the Cultural Property Protection Ordinance (KGSV). This includes preparing an emergency plan and marking protected items with the international Blue Shield emblem. Owners are further required to collaborate in the creation of security documentation. This regulatory framework ensures that key cultural assets can be preserved and safeguarded even in emergencies or situations of armed conflict. 5.2 Cultural Heritage and Adverse Possession Under the Law on Property Rights (SR), the general rule for adverse possession ( Ersitzung ) is five years of uninterrupted and good‑faith possession (Article 196, Abs. 1, SR). However, the KGG introduces sig - nificant exceptions in relation to cultural heritage. Cultural goods owned by the state or by public‑law foundations are inalienable (Article 28 of the KGG). As a result, such items cannot be acquired by third par - ties through adverse possession or through good‑faith acquisition.
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