HUNGARY Law and Practice Contributed by: Katalin Andreides, Andreides Law
rupted and public possession. Cultural heritage items are often concealed or privately held, compli - cating the fulfilment of these requirements. • Statutory limitation periods – The limitation period for adverse possession may not apply to stolen or illicitly exported cultural property, particularly if it belongs to public collections or holds significant historical value. These peculiarities limit the acquisition of cultural her - itage through adverse possession, prioritising public ownership and cultural preservation. 5.3 State Rights to Cultural Heritage Anyone who discovers a valuable object that was hid - den by unknown persons or whose ownership has otherwise been forgotten is required to offer it to the state. If the object found belongs to the category of protected cultural assets, its ownership automatically goes to the state. A fundamental principle is the state’s ownership of archaeological finds: any archaeological find located on the surface of the ground, underground, in water - beds or elsewhere within Hungary’s borders is state property and is protected by law. According to heritage protection law, if an archaeo - logical artefact, find or object is discovered without archaeological excavation, the finder, as the person responsible for the activity during which the artefact was discovered, such as a property owner, a devel - oper or a contractor, is required to: • immediately cease the activity that led to discov - ery; • notify the authorities through the local notary with - out delay; and • ensure the requisite safeguarding of the site and the find until the institution authorised to conduct the excavation takes action. Failure to comply with these obligations may result in the imposition of a heritage protection fine. If the act involves an object classified as a protected cul - tural asset or an archaeological find, it is a criminal offence and may be punishable by up to two years’ imprisonment.
The Office of Cultural Heritage Protection has the authority to declare privately owned cultural objects as protected ex officio. The state holds a pre-emption right over these items. Ownership of cultural assets that have been declared as protected can only be transferred through a written agreement. The owner or holder of such protected cultural assets is required to keep them in good condition and ensure their preservation, proper maintenance and protection. Authorised authorities have the right to conduct on- site inspections to verify the condition of protected cultural assets and to ensure compliance with the provisions of the protection rules. The registry for protected cultural assets includes the following information: • the personal identification details and address of the owner and possessor; • the date and method of acquisition; and • the object’s storage location (permanent or tempo - rary). In cases where protected cultural assets are handed over for ownership transfer in commercial transactions – especially at auctions – the trader is responsible for making the notification required. This obligation also applies if the trader becomes aware of the protected status at a later date. Owners of protected cultural heritage must allow the authorities – based on prior arrangements – to study, view and document the entirety or specific parts of the heritage. Protected cultural assets must be made accessible to the public and for research purposes. To achieve this, the authorities may require the owner to make the protected assets available to public col - lections for exhibition or scientific research purposes. Protected cultural objects may be taken out of Hun - gary only subject to a temporary export permit. Cultural objects not classified as protected may be exported subject to a licence from the Office, together with an accompanying certificate with the correspond - ing identification details. Following an amendment in 2025, for applications seeking an export licence for non-protected cultural goods, the applicant must
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