IN THE FORM OF QUESTIONS REPONSES, HERE WHAT YOU MUST KNOW

Can one freely use a metal detector with an archaeological aim?

The law of December 18, 1989 interdict the use of the metal detectors at archaeological ends without to have obtained preliminary authorization. The article ßt of this law lays out that " no one cannot use hardware allowing the metal target detection, with the effect of search of monuments and objects being able to interest prehistory, art or archaeology, without having with the precondition obtained an administrative authorisation delivered according to the qualification of the applicant as well as nature and methods of search ".

This regulation with for object to protect the archaeological layers whose layers cannot deliver all information that they contain, that if they were not upset.

Each time one undertake search on an archeological site using a metal detector, one is incited, when the apparatus announces the presence of a metal object, to dig the ground to release this object; That amounts depriving it of its archaeological context. One thus loses any possibility of dating it thanks to stratigraphy of the site like drawing the conclusions starting from the provision of the objects in the ground on this site.

The use of the metal detectors is subjected to a prefectoral authorization. It also requires the agreement written of the owner of the ground to prospect which will indicate its intentions as for the fate of the objects likely to be discovered, because the owner of the ground is full owner of all the objects put at the day. The request is to be formulated near the Regional Management of the Cultural Affairs.

This prohibition is a response to the technical evolution which popularized the use of the metal detectors and complements the rules posed by the validated law of September 27, 1941 as regards excavations.

With which belongs the vestiges discovered?

The principle posed by article 552 of the civil code is that the movable objects and the real vestiges put at the day belong to the owner of the ground on which they are discovered.

In the case of excavations decided by the State and carried out in the name of the State, the objects are shared between the owner of the ground and the State.

In light, a tresor discovered with the metal detector is not besides any more one treasure (voluntary absence of fortuity and recherhce). one would not be surprised that one day a newspaper of detection ends up writing truths articles on the laws. History which one avoids the misunderstandings which are finished with the court, with a deception of with dimensions of the prospectors who trust their reviews... (to be meditated)

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