Cultural Co-Ownership: Preventing and Solving Cultural Property Claims

In: International journal of cultural property, Volume 22, Issue 2-3, p. 163-176

Abstract

Abstract:Cultural property claims are numerous and of very different nature. Some relate to recent trafficking of cultural property;1some are based on ancient legal grounds which are contested today;2others relate to past wars and colonial times;3others, still, relate to mass spoliations in times of conflict.4In general, though, the original owner seeks to recover what was taken from him, or at least to obtain some form of compensation.5The present owner or possessor is as a matter of principle interested in keeping his possession.6These conflicting positions are often seen as irreconcilable and, indeed, litigation in a traditional manner will bring to the typical "either/or" solution: either I am the owner, or you are. There is no in-between solution.