Decoding Legal Jargon: The Importance of ‘Bona Fide’ in Preserving Heritage Integrity

It is vital that knowledge relating to proper legal definitions, and the legal protection afforded to all kinds of heritage should be brought closer to those who will benefit the most. The concept of good faith relates to the protection of bona fide owners of property. In many cases the bona fide owner of cultural heritage is not the party to the case. Even in legal spheres we cannot be in possession of a general definition of bona fide and yet remain ignorant of its implications and scope for legal definition of property. In fact a general definition may be a point of confusion and contention. The term bona fide is Latin for “in good faith”, “good faith” denotes that a person has no information of the existence of facts that would make their actions illegal or fraudulent, that person merely attempts to purchase property, without previous knowledge of any misconduct or malfeasance of the previously owner, but with a reasonable belief that the property was acquired through legitimate means duly and without concealment or fraud on the part of the previous owner. Therefore if a person considers themselves a bona fide purchaser they obviously have little knowledge of the legal definition of honesty and casual misrepresentation in their jurisdiction. This means that the bona fide owner may not understand the extent of their ultimate liability. A bona fide purchaser of property may eventually consider themselves a victim, whereas their actions may be considered, with reason, negligent. They may unknowingly be a party to the embezzlement and misappropriation of property. A bona fide owner of real property has a range of rights and remedies. Their rights include the expectation of the continuation of ownership of the property purchased without interference from competing claims to the rights of ownership. The key to the bona fide principle is within the addition of legal commitments that go beyond our casual understanding of “good faith”, this is where the bona fides or bona fide aspects are prevalent. Persons should engage with this concept before proceeding with the acquisition of bona fide property. The indelible nature of property is one factor which may make it compliant with the legal protections afforded to cultural heritage property, in many cases the property is accompanied by rights, but in the case of cultural heritage the rights are sometimes not apparent and only come to light afterwards once the monetary rights are lost because other protections had not been implemented. Some cultural heritage is not money based, and the strength of its value is in its character, however a valuable cultural heritage item, even one with no financial value can be subject to legal protections. A general principal or many legal principles are: The capacity and ability of the bona fide owner with regard to future liabilities is relevant to the owner’s prospects of discovery of the truth and their scope of investigation and inquiry. Failure of the bona fide purchaser to learn the truth or negligence in the conduct of due diligence may lead to liabilities in the future. A common problem with bona fide purchasers is the incomplete disclosure of risks associated with the property. In the heritage field the lack of information about the heritage item may come from confusion with regard to whether a heritage impact assessment is required at all, and whether this process is a legal requirement. The standard for this concept lies within legislative frameworks, environmental laws or other legal frameworks for preserving heritage, which are areas of law that require additional experience and knowledge. Legal definitions are present in all spheres of the law, and the law relating to heritage is of particular relevance as a wide variety of cultural heritage property is not accompanied by cash value or economic value unless under extreme circumstances. Traditionally law schools will prepare students for professional practice without engagement with these specific concepts, whereas the legal education offered at The Heritage Educational Portal will equip students and educators with vital information that will enable them to view the law at a new level and with readiness. The legal education at The Heritage Educational Portal will ensure that when persons are attempting to determine the status of property, and whether the property falls under a classification that can protect it from theft and exportation, they will be able to identify their property as bona fide and for the better of cause of cultural heritage law protection. Educational institutions have a role to play in the advancement of legal literacy of our citizens and clients, in order to grow and nurture the heritage and culture of our countries in an effective manner.