Abstract:
The cross-border trade within Europe – especially within the strong economic area between London, Benelux and Germany – is intense. Despite Brexit, London will presumably remain one of the art-dealing capitals of the world – its sphere of influence going far beyond the borders of Europe. This constellation of intertwined cross-border trade will undeniably have an impact on the applicable law and the specific rules that need to be taken into consideration when discussing ownership or provenance, both of great importance for restitution cases, especially regarding Nazi-looted art. As a result, Belgian, English, German and other legal systems will be decisive for the question of whether an artwork is tradeable or not. Furthermore, they represent three major legal traditions: the Anglo-Saxon Common law, the Germanic Civil law and the Napoleonic Civil law.
This article aims to highlight some aspects of the rules in these legal systems by discussing and comparing the provisions for bona fide acquisition, usucapion (or acquisitive prescription) and treasure trove.1 It will also discuss the recent reform of the Belgian Civil Code – the Code Civil Belge / Burgerlijk Wetboek – which might well become a source of inspiration for the German legislator – and other recent developments, especially in Germany regarding Nazi-confiscated cultural property.
For further information and purchase: ial.uk.com/publications/art-antiquity-and-law/
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