Claim to Art and Artful Claims
am 29.10.2005 von German American Law Journal :: American Edition
CK - Washington. On October 24, 2005, the highest German court for civil matters, the Bundesgerichtshof in Karlsruhe, decided on a claim by the owner of a Oskar Schlemmer painting against an heir of the painter. The heir had stated--in a confidential note to a third party that ended up being conveyed to the owner of the painting--his belief that the painting continued to belong to the painters estate.
The court noted that the owner had purchased the painting at auction in the United States in 1959. There is an unresolved issue as to whether the painting made in 1931 had been improperly taken by the Nazi regime. In any case, both parties agreed that the owner had acquired ownership in the painting, at least through adverse possession under §937 of the civil code, Bürgerliches Gesetzbuch.
The issue for the court was whether the owner could properly claim that the heir cease and desist from making his statement that would cast a cloud on his title. The court sided with the owner.n the matter II ZR 329/03.
A day later, another division of the same court turned down a claim for payment on debentures issued early in the twentieth century by the city of Dresden. The debenture certificate had become worthless as financial instruments but are generally known to be almost art-like historical artifacts. The court based its decision …
Liability for Related Contracts
German American Law Journal :: American Edition / CK - Washington. The owner of a remotely sited house ordered from one company the installation of a power and heat plant, and from another company a heating system that draws on the plant. When the building is not properly heated, the owner r…
Statutory Share in Estate
German American Law Journal :: American Edition / CK - Washington. Under the inheritance rules of the Civil Code, heirs may be entitled to a statutory share in an estate. Certain gifts made before the death of the decedent reduce the estate in a manner that affords heirs a claim to their retu…
Heir Disinherited
German American Law Journal :: American Edition / CK - Washington. Disinheriting a statutory heir is almost impossible under German law unless an heir seeks to kill or assault the testator. A recent decision, case numbers 1 BvR 1644/00 and 1 BvR 188/03, by the Supreme Constitutional Court fin…
Legal News: Final or Risky
German American Law Journal :: American Edition / CK - Washington. Reporting on court decisions can be risky. A German court almost held an owner of a website liable for defamation after a party mentioned in a decision reported on the site succeeded in having the decision amended and then sue…
Nazi Persecution Through the End
German American Law Journal :: American Edition / CK - Washington. Political persecution by a regime continues until a regime ends its hostile attitude towards the persecuted or is itself ended, the Federal Supreme Court for Administrative Law, Bundesverwaltungsgericht, in Leipzig held on Aug…
Possession Vests in Heir
German American Law Journal :: American Edition / CK - Washington. Johanna Knapp published at recht-in.de a useful overview of the civil code rules that apply to possessory rights of an heir after an inheritance. Generally, under German law, an heir steps into the shoes of the decedent. Unlik…
Expatriating Assets Illegal?
German American Law Journal :: American Edition / CK - Washington. Lawyers who assist Germans in establishing a business in the United States with assets from a German business may possibly become ancillares to a German crime that consists of selling or removing assets from the reach of poten…
Milestone in Copyright Jungle
German American Law Journal :: American Edition / CK - Washington. Along the zigzagging course of German rulings through the jungle of contributory liability for copyright violations, the Frankfurt court of appeals set a milestone now available at Medien Internet und Recht. The December 20,…
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» Urteil des II. Zivilsenats vom 24.10.2005 - II ZR 329/03 -
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