In December 2013, as a reaction to the Gurlitt art find, the newly appointed Bavarian Minister of Justice announced that Bavaria would propose a change of the German Civil Code to address the application of the statute of limitation to looted art. And he delivered: The proposal was approved by the Bavarian State Government today. Bavaria’s initiative to amend the Civil Code – which is federal, not state law – will now be dealt with in the Upper Chamber (Bundesrat) of the German parliament. It is expected to be on the Bundesrat’s agenda on February 14, 2014. If it passes this hurdle, the proposal will be dealt with, and ideally approved by, the Lower Chamber (Bundestag). Here is a link to the proposed legislation – the Kulturgut-Rückgewähr-Gesetz, or Art Restitution Act. Watch this space for a more detailed post commenting on the proposal.
Peter Bert's Blog about Litigation, Arbitration and Mediation in Germany – Art Law, Case Law, News etc.
[…] The Civil Code is federal, not state law, and will now be debated in the federal government’s Upper Chamber (Bundesrat), German solicitor Peter Bert wrote in his Dispute Resolutions in Germany blog. […]
[…] cultural property, particularly from the Nazi era (Cultural Property Restitution Law)” would bar the assertion of a statute of limitations where the current possessor does not hold the property in good faith. The draft is now publicly […]
[…] cultural property, particularly from the Nazi era (Cultural Property Restitution Law)” would bar the assertion of a statute of limitations where the current possessor does not hold the property in good faith. The draft is now publicly […]