Cultural property and “interest analysis”

A victory for Spain before the California courts (Cassirer v Thyssen-Bornemisza Collection Fund)

Authors

DOI:

https://doi.org/10.20318/cdt.2024.8459

Keywords:

conflict of laws, cultural property, adverse possession, lex rei sitae, comparative impairment

Abstract

This article discusses a court decision which may put an end to a long and complex case dealing with the application of the “comparative impairment approach” and with the choice between state and federal conflict of law norms. This case is also very relevant in the ongoing struggle before American courts, to recover works of art expropriated by the Nazis and which may be found outside the United States.

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Author Biography

  • Nicolás Zambrana Tévar, KIMEP University

     

     

     

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Published

2024-02-29

Issue

Section

Varia

How to Cite

 Cultural property and “interest analysis”: A victory for Spain before the California courts (Cassirer v Thyssen-Bornemisza Collection Fund). (2024). CUADERNOS DE DERECHO TRANSNACIONAL, 16(1), 962-972. https://doi.org/10.20318/cdt.2024.8459