Due Diligence Obligations in the New German Cultural Property Protection Act Cover Image

Due Diligence Obligations in the New German Cultural Property Protection Act
Due Diligence Obligations in the New German Cultural Property Protection Act

Author(s): Paul Fabel
Subject(s): Museology & Heritage Studies, International Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Due diligence; Directive 2014/60/EU; cultural property; burden of proof; provenance

Summary/Abstract: Chapter 4 of the German Cultural Property Protection Act (hereinafter: the “Act” or “CPPA”) contains due diligence obligations of individuals as well as businesses that deal with cultural property. The aim of this contribution is to present the scope and requirements imposed, on whoever purchases or sells art, following the entry into force of the Act. In doing so, this article refers to the European Union Directive which led to the introduction of the new due diligence obligations in German law. The paragraphs of the Act are either introduced verbatim or paraphrased, followed by commentary. Wherever applicable, the arguments put forth by various actors in the art world are presented in order to demonstrate the different arguments from “both sides of the art market isle”.

  • Issue Year: 2/2016
  • Issue No: 2
  • Page Range: 237-246
  • Page Count: 10
  • Language: English