Legal Problems And Solutions In Museum Cultural Relics Loan And Exhibition Contract

Since the beginning of the new century,people's living standards have been improving day by day.They are no longer satisfied with simple material food and clothing.Instead,they pursue a richer spiritual life.Visiting museums has become one of the choices of people.However,the cultural relics of a museum are limited,people can not see all the cultural relics in the same museum,so the major museums began to borrow and exhibit cultural relics.Starting from the current situation of Museum Cultural Relics lending and exhibition,this paper focuses on the analysis of legal issues arising from the loan and exhibition contract in the cultural relics lending and Exhibition activities.The main manifestations are as follows: Firstly,the provisions of the rights and obligations of both parties in the loan contract are not comprehensive.The rights and obligations of both parties need to be clearly agreed upon.Secondly,the purchase of property insurance in loan and Exhibition contracts is not standardized.This paper mainly analyses the parties,the scope of insurance,the amount of compensation and the role of the state in the whole insurance operation process.Finally,there is a lack of judicial exemption from seizure in the process of cultural relics lending and exhibition.This paper mainly deals with the extraterritorial borrowing and exhibition.It analyses and compares the foreign system of judicial exemption from seizure of borrowed and exhibited cultural relics.Then,this paper analyses the causes of these legal problems in the contract of cultural relics lending and exhibition in China,including the weak awareness of the rights and obligations of both parties,the backward insurance purchase system of cultural relics lending and exhibition,and the lagging legislation of the clause of cultural relics lending and Exhibition exemption from seizure,and puts forward some suggestions and solutions to these problems.For the above reasons,the article puts forward three suggestions.Firstly,it proposes to clarify the rights and obligations of both parties.The rights of the lender include: the right to request the return of the borrowed cultural relics under certain conditions;and the right to obtain certain material compensation.The obligations of the lender include: timely delivery of the leased goods in accordance with the agreement;ensuring that the borrowed cultural relics meet the agreed requirements;timely repair of cultural relics;and not reclaiming the borrowed exhibits at will within the agreed time.The rights of the borrower include: the right to require the lender to display the inspection report of cultural relics;the right to require the lender to deliver the cultural relics on time and to assist in the follow-up work of the cultural relics exhibition.The main obligations of the borrower are: proper custody;use of the borrowed cultural relics in accordance with the agreement;timely notification to the lender;timely return of the borrowed cultural relics;purchase of insurance.Secondly,we should standardize the procedures for insurance purchase of borrowed cultural relics,and draw the conclusion that the insurance of cultural relics in the process of borrowing and exhibiting cultural relics should normally be borne by the borrower.The contracting scope includes the whole period from the lender to the lender.In order to alleviate the economic pressure of borrowers and promote the vigorous development of cultural relics lending and exhibition,the state can introduce the Cultural Relics Guarantee Act and set up a special guarantee institution for cultural relics lending and exhibition,in order to effectively reduce the insurance cost of both borrowers and exhibitors of cultural relics.Thirdly,we should supplement and improve the laws and regulations on the loan of cultural relics,and suggest that foreign cultural relics can be exempted from seizure once they are involved in legal disputes,reduce the lender's preparedness and increase the security of the borrowed cultural relics,so as to promote the exhibition of cultural relics of different civilizations in the world on a large scale in the mainland of China and play a harmonious cultural note together.In order to promote the development and prosperity of Museum lending activities.