The mystrery of melnikov’s house

Содержание

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CONTENTS

Hypotheses
Biography
Experimental house-workshop of Konstantin Melnikov
ЗАВЕЩАНИЕ ГОСУДАРСТВУ  (КАК ОБОЗВАТЬ НА АНГЛЕ?)
Elena Karinskaya’s share
Definition

CONTENTS Hypotheses Biography Experimental house-workshop of Konstantin Melnikov ЗАВЕЩАНИЕ ГОСУДАРСТВУ (КАК ОБОЗВАТЬ

Legal acts
Слайд Ники
Italy. Cultural property (Succession & Renovation)
France (Succession & Renovation)
Russia. Cultural heritage
Conclusions

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HYPOTHESES

1. Legal definitions “cultural heritage” and “cultural property” have different meanings 
2. Public

HYPOTHESES 1. Legal definitions “cultural heritage” and “cultural property” have different meanings
interest should be taken into account in case of cultural property succession, including cases of inheritance 
3. Who is the proper owner of the Melnikov`s house? If the Russian Federation is entitled to open a Museum in House and obliged to renovate the House?

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BIOGRAPHY

Russian and Soviet architect, artist, teacher, one of the leaders of the

BIOGRAPHY Russian and Soviet architect, artist, teacher, one of the leaders of
avant-garde in Soviet architecture of the 1920s-1930s.
"the great Russian architect of modern times"
The 100th anniversary of the architect in 1990 was marked by UNESCO as the year of Constantine Melnikov.

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Designed and built by Konstantin Melnikov in Krivoarbatsky Lane in Moscow on

Designed and built by Konstantin Melnikov in Krivoarbatsky Lane in Moscow on
the «Система Мельникова».
Three-story mansion is considered the pinnacle of the architect's creativity.

Experimental house-workshop of Konstantin Melnikov

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The construction looks like two multi-high cylinders that are one-third embedded in

The construction looks like two multi-high cylinders that are one-third embedded in each other.
each other.

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Now around the house a scandal broke out. The house currently houses

Now around the house a scandal broke out. The house currently houses
the granddaughter of the architect, whom the state wants to evict to make a museum in the house.

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ЗАВЕЩАНИЕ ГОСУДАРСТВУ  (КАК ОБОЗВАТЬ НА АНГЛЕ?)

«Anyone may bequeath all or part of his

ЗАВЕЩАНИЕ ГОСУДАРСТВУ (КАК ОБОЗВАТЬ НА АНГЛЕ?) «Anyone may bequeath all or part
or her property to one or more lawful heirs, or to a legal person, the State or local authorities».
According to this, Viktor has leaved his part of the house to the Russian state, on the condition that there would be created a museum of Konstantin and Viktor Melnikov. 
At first, in 2003 Viktor made the deed in favor of her youngest daughter, Elena Karinskaya. But then, in 2003 he accused her of cheating and excluded her from probate. As testamentary executor Viktor called his older daughter – Ekaterina.

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ELENA KARINSKAYA’S SHARE

As for the ownership right, according to the decision of

ELENA KARINSKAYA’S SHARE As for the ownership right, according to the decision
Presnensky Intermunicipal Court of Moscow dd 09.12.2013 Karinskaya owns 1/4 of Viktor Melnikov inheritance property. Viktor Melnikov’s mass of the succession includes 1/2 of the House and so Karinskaya owns 1/8 of the House ownership.

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HOW SHE OWNS ¼ OF HER FATHER INHERITANCE PROPERTY?

The Russian Civil Code

HOW SHE OWNS ¼ OF HER FATHER INHERITANCE PROPERTY? The Russian Civil
provides for a limited range of heirs the right to an obligatory share in the inheritance.
The rules on the compulsory share in the inheritance are imperative. The freedom of the will is limited by the rules on the compulsory share in the inheritance.
That share must be half of the share to which they would be entitled under legal succession (compulsory share).

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POSSIBILITY TO LOSE THE RIGHT TO BECOME THE HEIR

The right to claim

POSSIBILITY TO LOSE THE RIGHT TO BECOME THE HEIR The right to
a compulsory share exists from the moment the inheritance becomes available.
Persons who are entitled to an obligatory share in the inheritance (obligatory or necessary heirs) can not be deprived of the right to inherit it.
The right of a compulsory heir to his reserved portion may not be withdrawn unless a ground for disinheritance exists.

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DEFINITION

DEFINITION

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LEGAL ACTS

LEGAL ACTS

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Слайд Ники

Слайд Ники

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ITALY. CULTURAL PROPERTY

in particular, buildings, which according to special legislation are recognized

ITALY. CULTURAL PROPERTY in particular, buildings, which according to special legislation are
as
of historical, archaeological and artistic interest, and are part of the property of the state (including provinces and communes)
(Art. 822 of the Italian Civil code)

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SUCCESSION

Can not be disposed:
- Buildings which are not included in the list
-

SUCCESSION Can not be disposed: - Buildings which are not included in
Buildings related to the art and historical heritage of the provinces and communes
Other buildings can be disposed, but on the basis of specific permission.
Contents of the permission:
- measures for its preservation,
- types of use inconsistent with the historic or artistic character
- types of public use of the building based on previous assignments;
- the grounds on which the agreement about disposal of the building can be terminated.

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Private owner is obliged to:
Inform Ministry of culture about disposal of cultural

Private owner is obliged to: Inform Ministry of culture about disposal of
property
Purposes:
1. To inform an authority body about cultural heritage owner
2. To afford a government realize his right of first refusal.

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RENOVATION

Government can participate in financing of the restoration works, but no more

RENOVATION Government can participate in financing of the restoration works, but no
than ½ of value.
But:
Buildings, renovated at state expense or with its participation should be open to the public access.

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FRANCE

Thus, the concept of cultural property consists of two features:
1) historical, fiction,

FRANCE Thus, the concept of cultural property consists of two features: 1)
mythological, scientific or scenic value;
2) specific legal order

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SUCCESSION

Owners can dispose cultural property only won the basis of the permission

SUCCESSION Owners can dispose cultural property only won the basis of the
of the Ministry of culture.
New owner is obliged to:
- ensure the safety of cultural property,
- to provide preserve a free(free or paid) access for the public.

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RENOVATION

Protected monuments can't be destroyed or renovated without the specific permission.
Ministry may

RENOVATION Protected monuments can't be destroyed or renovated without the specific permission.
obliged the owner to restore the building.

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RUSSIA. CULTURAL HERITAGE

immovable property (including archaeological heritage) and other facilities with historically

RUSSIA. CULTURAL HERITAGE immovable property (including archaeological heritage) and other facilities with
related territories, paintings, sculpture, decorative-applied art, objects of science and technology and other items of material culture resulting from the historical events, representing value from the point of view of history, archeology, architecture, urbanism, art, science and technology, aesthetics, ethnology or anthropology, social culture and being an evidence of civilizations, authentic sources of information about the origin and development of culture.
Cultural property?

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Restrictions of the property rights:
the owner is obliged to:
- to ensure the

Restrictions of the property rights: the owner is obliged to: - to
safety and permanence of shape of the cultural property;
- to comply with article 5.1 of this Federal law the requirements for carrying out activities within the territory of object of cultural heritage included in the register, a special regime of use of land, water object or its part, within which the facility is located archaeological heritage;
- to prevent the deterioration of the object of cultural heritage included in the register, maintain the territory of object of cultural heritage in a comfortable condition.

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The owner shall comply with the requirements of the preservation of cultural

The owner shall comply with the requirements of the preservation of cultural
heritage in the part of providing for maintenance of cultural heritage or part of cultural heritage in good condition without deterioration of physical condition and changes of the subject of protection of cultural heritage.

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Public access:
- The requirements for providing access to cultural heritage should not

Public access: - The requirements for providing access to cultural heritage should
lead to the impossibility of use by the owner of cultural property.
- In the case that the interior of the object of cultural heritage does not belong to the subject of protection of object of a cultural heritage, the requirement to provide access to the interior of the object of cultural heritage included in the register, can not be installed.

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Conclusions:
- No specific provisions on the restrictions of cultural property succession\disposal
- No

Conclusions: - No specific provisions on the restrictions of cultural property succession\disposal
specific provisions on duty of Government to finance renovation
- Provisions on the public access to cultural property is undefined

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CONCLUSIONS

The term “Cultural heritage is broader then «cultural property” and includes also

CONCLUSIONS The term “Cultural heritage is broader then «cultural property” and includes
“intangible cultural heritage”. For Melnikov`s House the term “cultural property” is more appropriate. Cultural heritage of the Peoples of Russia Act (2002) regulates legal order of use the cultural property, not cultural heritage.
Italy and Germany legislation contains specific provisions about cultural property succession. Russian legislation do not provide any restrictions on the cultural property succession.
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