Cultural Heritage and Spanish Private Law

This article offers a brief analysis of the public/private law divide in relation to the legal protection of cultural heritage in Spain. First, it provides an overview of the Spanish public law regime for the protection of historic and artistic heritage, comprising the list of categories of cultural goods. Second, the article endeavours to explain the impact of this public law regime on property rights. In particular, it explores and substantiates how and to what extent the general interest of the community in safeguarding and preserving cultural heritage, provided by public law regulations and enforced by public administration, may limit the property rights of private owners of cultural assets.