Vulneraciones y efectos frente a la declaratoria de bienes como interés cultural por parte del estado

Abstract

Assets of cultural interest, stipulated in the Political Constitution of Colombia and other regulations, constitute a special legal category due to their exclusive symbolic, artistic, aesthetic or historical values that require special treatment compared to other assets. The aforementioned assets make up the cultural heritage of the Nation, which is made up of all material assets, immaterial manifestations, products and representations of culture that are an expression of Colombian nationality, such as the Spanish language, the languages and dialects of indigenous, black and Creole communities, tradition, ancestral knowledge, cultural landscape, customs and habits, as well as material goods of a movable and immovable nature to which they are attributed, among others, special historical, artistic, scientific, aesthetic or symbolic interest in areas such as plastic, architectural, urban, archaeological, linguistic, sound, musical, audiovisual, filmic, testimonial, documentary, literary, bibliographic, museum or anthropological. 4 The declaration of a property as BIC- Assets of cultural interest, is an administrative act through which, after complying with the procedure provided for in Law 1185 of 2008, the national authority or the territorial, indigenous or community councils of the communities Afro-descendants, according to their competences, determine that said asset or manifestation of the Nation's cultural heritage is sheltered by the special protection or safeguard regime provided in the aforementioned law, which modifies and adds the General Law of Culture of 1997. This declaration constitutes a restriction to the property right and domain right, since the owner of the property assumes more obligations than rights. The first right must be analyzed from the objective point of view, that is, the relation of belonging of man over the thing and the second right must be analyzed from the subjective point of view as the power of use of man over the thing. Both consist of a real right of a bodily thing to enjoy and dispose of it, not being against the law or against the right of others