Works or services? Conflicts in restoration contracts
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Keywords

Contracts for works of restoration of movable property

Abstract

The professional situation of restoration in Spain is complex because, at the
time that there has always been a certain social prestige of the restorer (in
partly because of the usual confusion about the nature of their activity, not being
very clear to some if it is artistic, scientific or technical), it has never been regulated
legally side its exercise. This has led to great confusion that
affects the public institutions themselves, which when contracting the works
restoration of cultural property do not distinguish between the determining factors of
large-scale assets associated with architectural assets and property
highly mobile associated with traditional works of art. Facing the re
strict regulation of competences in the architectural field (whose restorations
rations are finally included in the new Contract Law of the Pú Sector
blico), in the rest of the restorations there is - and will continue to be - a huge void
legal that leads to them being hired as services instead of having
do it as you work, with the impossibility of guaranteeing control of the procedures
results and the contempt that it supposes to the very concept of
restoration by the state. This article explains the reasons that
endorse this opinion, and short and long-term measures are proposed to improve
Rare the professional conditions of the restoration.

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