3 ms·
When art or other property is stolen often collecting from the thief is not possible, there are two innocents, the most recent purchaser and the original owner.
by gnopgnip 4y ago
When art or other property is stolen often collecting from the thief is not possible, there are two innocents, the most recent purchaser and the original owner. The common law principle is that a buyer cannot pass on a greater title to previously stolen property, the original owner has the superior claim. But there are some exceptions. A good faith(bona fide purchaser for value without notice) buyer obtains a lawful title, even if there are others with a competing claim to the title provided several related requirements are met. Davis v. Carroll digs in to examples of what does and does not qualify as a good faith purchase in the context of valuable art.
Also notable here is that German law, and many other European countries is opposite the English common law rule, and effectively the burden goes the other way and the scope of good faith is widened. Article 932(2) of the German Civil Code covers this for instance.
When dealing with stolen property from 50+ years ago there are issues with the statute of limitations, and with laches as well