Geo Magri

Open access

Good faith, clandestinity of possession and stolen artworks: some reflections on a recent decision of the Italian Supreme Court

  • Abstract

Informations and abstract

Keywords: Usucapionem of Artworks; Clandestinity of Possession; Good Faith.

The paper analyzes a decision of the Italian Supreme Court dealing with adverse possession of two paintings stolen in Italy during the Second World War, sold after the War to an Austrian collector and then sold back on the Italian market. According to the Court, in order to have a possession ad usucapionem of an artwork, it is not sufficient to hold the painting in a room open to the public, but it must be shown in public exhibitions or published in a monograph or catalogue. The consequence of this decision is greater protection for the robbed owner while making the art market less reliable.

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