{"id":159,"date":"2023-04-05T14:00:29","date_gmt":"2023-04-05T12:00:29","guid":{"rendered":"https:\/\/www.slb-law.de\/en\/rechtsgebiete\/kunstrecht\/"},"modified":"2024-11-15T14:41:40","modified_gmt":"2024-11-15T13:41:40","slug":"german-art-law-lawyers","status":"publish","type":"rlo_rechtsgebiete","link":"https:\/\/www.slb-law.de\/en\/expertise\/german-art-law-lawyers\/","title":{"rendered":"Art Law"},"content":{"rendered":"
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Art Law<\/h1>\n\n\t<\/div>\n\n\n\n
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Cultural assets not only enrich our everyday lives, but are also important carriers of value – in the private sphere as well as in economic life. Acquisition, ownership and transfer of art, also from generation to generation, require careful planning and demand specific legal expertise. Our lawyers specializing in German art law advise and represent artists, art dealers, museums and collectors nationwide in all matters of art law.<\/p>\n\n\t<\/div>\n\n<\/div>\n\n\n\n

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We advise on German art law in particular in the following areas:<\/h3>\n\n\n
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Purchase and sale of art and cultural goods<\/h2>\n\n\n\n

The sale and purchase of art involves risks. If the work of art is damaged, the buyer and the seller must clarify their rights. The same applies in the event of improper restoration or art forgery. Our attorneys specializing in art law<\/a> negotiate, draft or review art purchase agreements. This includes accompanying documents, such as non-disclosure agreements and Letter of Authorization & Availability. They highlight potential points of conflict, and advise on the execution of the contract. In the event of purchase defects, we provide representation in and out of court.<\/p>\n\n<\/div>\n\n\n\n

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Auction law – consignment, auction and warranty of defects<\/h2>\n\n\n\n

Auction law is hardly specifically regulated by law, but it raises numerous legal questions. For example regarding limits, conditional knockdowns or sham bids. The warranty for defects is usually largely excluded in auction conditions in Germany. In this special area, knowledge of trade customs and the German auction law jurisdiction that has developed over decades is therefore particularly important. Our lawyers specializing in German art law<\/a> advise consignors and prospective buyers prior to the auction and review consignment agreements and general terms and conditions. In case of disputes between consignor, buyer and auction house<\/a> we advise and represent in and out of court nationwide.<\/p>\n\n<\/div>\n\n\n\n

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Art forgery<\/h2>\n\n\n\n

Art forgeries not only damage the oeuvre of the artist, but also have a considerable negative impact on the art market. If a forgery is sold as an original, the question arises as to what rights the buyer has against the seller and, if applicable, also against forgers or experts, and whether he can hold himself harmless. In terms of criminal law, an investigation for fraud and forgery of documents may be the consequence.\u00a0 Our lawyers specializing in German art law<\/a> have a large network of art experts who verify the authenticity of works of art. If a suspicion of forgery is confirmed, we represent our clients in and out of court in Germany. This also includes representation vis-\u00e0-vis the prosecution authorities.<\/p>\n\n<\/div>\n\n\n\n

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Looted art and restitution<\/h2>\n\n\n\n

Nazi looted art is not only found in public museums, but also in private collections or foundations. If the suspicion of a persecution-related seizure is confirmed, an entry is made in the Lost Art database or the Advisory Commission is called upon, the work of art is effectively no longer tradable. The Washington Declaration, which states that “just and fair solutions” should be found, only obligates the public sector, but should also serve as a guideline for looted art in private ownership. If looted art is restituted by the public sector or by foundations without a justifiable basis, this can lead to an investigation for breach of trust. Our lawyers specializing in German art law<\/a> have have a network of renowned provenance researchers at our disposal and advise and represent clients out of court, in court and before the Advisory Commission.<\/p>\n\n<\/div>\n\n\n\n

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Cultural Property Protection Law<\/h2>\n\n\n\n

With its latest reform, the German Cultural Property Protection Act has imposed further obligations on art dealers and collectors, some of which carry severe penalties. For example, before cultural property can be exported – depending on its type, age and value – it must undergo a permission procedure. In the case of imports, it must be checked whether the cultural property was exported in the past in violation of the laws of other countries. Before cultural property is placed on the market, it must be checked whether it has been lost, illegally imported into Germany or illegally excavated. The due diligence requirements for commercial trade are even stricter. All this requires specific expertise and practical experience. Our lawyers specializing in German art law<\/a> advise on all questions of cultural property protection, accompany export applications and undertake representation vis-\u00e0-vis cultural property protection authorities, customs and law enforcement agencies.<\/p>\n\n<\/div>\n\n\n\n

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Inheriting art in Germany – wills and foundation solutions<\/h2>\n\n\n\n

The inheritance of art requires careful planning. If the testator wants his or her collection to be preserved in the future, or even to be expanded, exhibited and researched, a foundation on death’s doorstep or a donation with conditions can be an option. From a tax point of view, the question arises as to whether a collection meets the requirements for full or partial exemption from gift or inheritance tax. We advise you, work out individual succession solutions and implement them legally for you.<\/p>\n\n<\/div>\n\n\n\n

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Corporate Collections<\/h2>\n\n\n\n

Most corporate collections start small. For example with a painting in the CEO’s office, an installation in the lobby or in front of the building. If the collection grows or a work of art is to be removed or sold, specific legal issues arise. This is because commissioned works, purchases and sales should be drawn up contractually in a clean manner.\u00a0 Furthermore, insurance contracts should be reviewed from time to time and adjusted if necessary. If Nazi looted art is identified in the corporate collection, there may be a threat of loss of reputation. In the event of restitution of the artwork, criminal proceedings for breach of trust may follow. Our lawyers specializing in German art law<\/a> have been successfully advising corporate art collections for years. We are familiar with the legal requirements.<\/p>\n\n<\/div>\n\n\n\n

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Your Contact<\/h2>\n\n\t<\/div>\n\n\n\n
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If you have any questions regarding German art law, please do not hesitate to contact us. Call or write us.<\/p>\n\n\t<\/div>\n\n<\/div>\n\n<\/div>\n\n\n\n

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References<\/h2>

Transaction of Renaissance painting<\/h3>
2022 Advising the seller of a Renaissance painting in a private sale. Purchase price \u20ac 10 Mio.<\/div><\/div><\/div><\/div>

Art Kite Collection<\/h3>
2022 Advice to the consignors of the Art Kite Collection - auction result \u20ac 8.7 million (Nagel)<\/div><\/div><\/div><\/div>

Bergonzi-Cello transaction<\/h3>
2022 Advice to the buyer of one of three known cellos by Bergonzi (pupil of Stradivari), 1740<\/div><\/div><\/div><\/div>
Show all<\/a><\/div><\/div>\n\n\n\n\n\n

Learn more in our blog<\/h2>
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12. June 2025 <\/div>\n\t\t\t\t\t\t
“The Best Lawyers in Germany 2025” – Handelsblatt and Best Lawyers list lawyers from SLB LAW<\/div>\n\t\t\t\t\t\tmore<\/a>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t\n\t\t\t\t\t
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2. November 2023 <\/div>\n\t\t\t\t\t\t
Art auction: What rights does the buyer have when purchasing a forgery at an auction in Germany?<\/div>\n\t\t\t\t\t\tmore<\/a>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t
All Articles <\/a><\/div><\/div>\n","protected":false},"template":"","categories":[],"class_list":["post-159","rlo_rechtsgebiete","type-rlo_rechtsgebiete","status-publish","hentry"],"yoast_head":"\nArt Law - Specialized lawyers | SLB LAW Munich<\/title>\n<meta name=\"description\" content=\"Lawyers specializing in German art law: Auction law, art forgery, looted art and restitution, cultural property protection law - Get in touch.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.slb-law.de\/en\/expertise\/german-art-law-lawyers\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Art Law - Specialized lawyers | SLB LAW Munich\" \/>\n<meta property=\"og:description\" content=\"Lawyers specializing in German art law: Auction law, art forgery, looted art and restitution, cultural property protection law - 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