The Texas Tech University School of Law Digital Repository

Scope of Due Diligence Investigation in Obtaining Title to Valuable Artwork

Show simple item record

dc.contributor.author Phelan, Marilyn E.
dc.date.accessioned 2010-03-02T17:28:44Z
dc.date.available 2010-03-02T17:28:44Z
dc.date.issued 2000
dc.identifier.citation 23 Seattle U. L. Rev. 661 (2000) en_US
dc.identifier.uri http://hdl.handle.net/10601/61
dc.description.abstract This Article will explore the concept of "due diligence investigation for valuable art objects and the considerations that properly frame the scope of such an examination. The Article represents that because, as between a dispossessed owner and a good faith purchaser of artworks, equities are balanced in favor of the dispossessed owner, current law has imposed a higher standard of diligence on the purchaser. Thus, the Article will underscore the need for purchasers and collectors to conduct appropriate and comprehensive investigations into title of artworks they acquire or already possess and will demonstrate that a due diligence investigation is the only means by which a potential purchaser can be assured of acquiring good title to valuable artwork. It will demonstrate how existing law entailing an affirmative duty of investigation for buyers and sellers of expensive artworks help curtail international art theft by encouraging collectors and their agents to use all resources that have proven effective and that are reasonably accessible for identifying stolen art. These resources include stolen art databases, relevant experts, institutions with prominent collections of a particular artist, and the applicable catalogue raisonne, if available. Finally, this Article will identify the discrete inquiries courts and commentators have prescribed to ensure that art objects have not been reported, nor are reasonably discoverable, as having been stolen, and will discuss the rationale for each. en_US
dc.language.iso en_US en_US
dc.relation.uri http://heinonline.org/HOL/Page?handle=hein.journals/sealr23&collection=journals&id=641&men_hide=false&men_tab=citnav
dc.relation.uri http://www.lexis.com/xlink?showcidslinks=on&ORIGINATION_CODE=00142&searchtype=get&search=23%20Seattle%20U.%20L.%20Rev.%20631
dc.relation.uri https://web2.westlaw.com/find/default.wl?rs=WLW8.02&fn=_top&sv=Split&findjuris=00001&mt=Westlaw&vr=2.0&rp=%2ffind%2fdefault.wl&cite=23+Seattle+U.L.+Rev.+661
dc.subject valuable art objects en_US
dc.subject title of artwork en_US
dc.subject due diligence en_US
dc.title Scope of Due Diligence Investigation in Obtaining Title to Valuable Artwork en_US
dc.type Article en_US


Files in this item

Files Size Format View Description
phelan15.pdf 3.596Mb PDF View/Open phelan15

This item appears in the following Collection(s)

Show simple item record

Search ScHOLAR

Browse

My Account