Legal glossary

Good faith is the state of mind of someone who is unaware, through no fault of their own, of a defect in their title. It is not always presumed: for cultural property, the law often requires the acquirer to have made reasonable checks, that is, to have exercised due diligence.

Due diligence is the set of checks that a prudent professional must carry out before acquiring or selling: identity of the parties, provenance of the work, absence of alerts, conformity of documents.

Limitation is the lapse of a period after which legal action is no longer possible. For stolen property, periods vary greatly from one State to another; the UNIDROIT Convention harmonises them for States parties.

Rights holders are persons who derive their rights from a holder: heirs, legatees, assignees. They are the ones who can authorise a posthumous print, act against a counterfeit or claim looted property.

Each term is translated into English and Spanish with its equivalents, but also accompanied by a note where the equivalent is only approximate. For example, the notion of "ayant droit" has no exact equivalent in Anglo-Saxon law, which speaks of successors and assignees.

This reasoned translation work is carried out by bilingual lawyers, in liaison with the national focal points. It has made it possible to clear up several misunderstandings during the negotiation of the directives.