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Determining Provenance and Eventual Return of "Stolen" Cultural Artifacts

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Emanuel Lonz

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In the first half of 2014, an uncommon topic received a great deal of attention in the European media: „Cornelius Gurlitt. One lonely man and his hoard of stolen Nazi art“. In March 2012, more than 1400 artworks were seized by the District Prosecutor of Augsburg from an apartment in Schwabing, Munich. The artworks, suspected of being looted by the Nazis around World War II, were discovered in the possession of Cornelius Gurlitt, the son of art historian and dealer in degenerate art Hildebrand Gurlitt. The cache included works by Marc Chagall, Henri Matisse, Otto Dix and others. The tangible value of those works of art – around 67 million Dollars. The immaterial value – unquantifiable. Currently, a vigorous debate inflames on the question of the lawful heir, since The Museum of Fine Arts Bern in Switzerland, named by Gurlitt as his sole heir in his will, stands to inherit the works. The present paper investigates not only the German view of legal problems of determining provenance and, certainly, the eventual return of „stolen“ cultural treasures but also develops an eclectic overview of concerning EU-Regulations, international treaties and, in particular, US legal positions. Finally, the view will be focused to a comparative view on the posed legal regulations. To understand why there has always been and continues to be the necessity of regulations concerning the handling of stolen cultural as- sets, the paper will start with a summarizing overview of the greatest historical events in the first half of the 20th century and their devastating effects on century-old cultural artifacts. On the basis of the historical circumstances, a brief legal assessment of the violations of applicable law by the belligerent powers, including the developments and proceedings of the respective regulations from the turn of the century until 1955, will be given in the following chapter.

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Determining Provenance and Eventual Return of "Stolen" Cultural Artifacts, Emanuel Lonz

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Pubblicato: 2014
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Titolo: Determining Provenance and Eventual Return of "Stolen" Cultural Artifacts
Lingua: Inglese
Autori: Emanuel Lonz
Editore: epubli GmbH
Pubblicato: 2014
Formato: Copertina rigida
ISBN10: 3737513163
ISBN13: 9783737513166
Tag: Diritto, Letteratura giuridica
Descrizione: In the first half of 2014, an uncommon topic received a great deal of attention in the European media: „Cornelius Gurlitt. One lonely man and his hoard of stolen Nazi art“. In March 2012, more than 1400 artworks were seized by the District Prosecutor of Augsburg from an apartment in Schwabing, Munich. The artworks, suspected of being looted by the Nazis around World War II, were discovered in the possession of Cornelius Gurlitt, the son of art historian and dealer in degenerate art Hildebrand Gurlitt. The cache included works by Marc Chagall, Henri Matisse, Otto Dix and others. The tangible value of those works of art – around 67 million Dollars. The immaterial value – unquantifiable. Currently, a vigorous debate inflames on the question of the lawful heir, since The Museum of Fine Arts Bern in Switzerland, named by Gurlitt as his sole heir in his will, stands to inherit the works. The present paper investigates not only the German view of legal problems of determining provenance and, certainly, the eventual return of „stolen“ cultural treasures but also develops an eclectic overview of concerning EU-Regulations, international treaties and, in particular, US legal positions. Finally, the view will be focused to a comparative view on the posed legal regulations. To understand why there has always been and continues to be the necessity of regulations concerning the handling of stolen cultural as- sets, the paper will start with a summarizing overview of the greatest historical events in the first half of the 20th century and their devastating effects on century-old cultural artifacts. On the basis of the historical circumstances, a brief legal assessment of the violations of applicable law by the belligerent powers, including the developments and proceedings of the respective regulations from the turn of the century until 1955, will be given in the following chapter.