Stolen Cultural Property: Implications of Vitium Reale in Private Law and Private International Law
Article from: TDM 5 (2013), in Art and Heritage Disputes in International and Comparative Law
Legal systems tend to reflect a preference between mobilia non habent sequelam (moveables cannot be pursued) and nemo plus iuris ad alium transferre potest quam ipse habet (no one can transfer to another a greater right than he himself has) in corporeal moveable property title issues in general. Cultural objects merit special treatment, but comparatively few systems have specific rules or exceptions for cultural moveables. General commercial law rules are readily given extended application. A value judgment is involved in denoting an object as 'cultural'. When stolen art ...