Provenance decisions

Two branches of a family were disputing a painting left without a will. One had put it up for sale, the other opposed. The tribunal reconstructed the succession, established the rights of each and ordered the price to be shared after sale, with a right of first offer for the family.

Lesson: international successions are better settled by a global solution than by a strict application of the law. Mediation had failed for lack of decision-making power of one of the heirs.

A sculpture reappearing in a sale had been confiscated from a collector in 1941. The current buyer, in good faith, had bought after a serious but incomplete search. The tribunal found spoliation, ordered restitution to the heirs, and awarded the buyer compensation of a third of the value, payable by the seller.

Lesson: in the case of proven spoliation, restitution prevails even over long possession. The buyer's diligence influences compensation.

In a case of old theft (1978), the owner had not reported the theft and the work had changed hands three times. The tribunal applied the limitation period of the chosen law and dismissed the claim, but noted the fault of the original seller and ordered the seller to pay compensation to the buyer.

In a case of doubtful title, a museum and a collector claimed the same ceramic. An agreement resulted in a long-term loan, ownership remaining with the collector. This solution allowed the work to be exhibited without settling the question of origin.

Beyond material questions, many families seek recognition: a mention of the spoliation in the catalogue, display of the work's history, a commemorative plaque. The tribunal may build such measures into the award or agreement.

They contribute to lasting reparation and help bring the dispute to an end. Institutions holding works concerned are increasingly attentive to this.