An Avenue for Fairness: Disclosure-Based Compensation Schemes for Good Faith Purchasers of Stolen Art

Authors

Caroline Harvey, University of Georgia School of Law

Publication Date

2020

Abstract

Art theft occurs regularly around the world, and each
year stolen works of art are funneled into the
international art market. While the United States boasts
the world’s largest art market, it is also home to the
biggest market of illegal art. Longstanding principles of
property law are unfavorable to unwitting good faith
purchasers of stolen art, who are often forced to return
works to true owners at great financial loss. This Note
explores the legal implications of purchasing a stolen
work of art in the United States and the equities
associated with defenses available to good faith
purchasers. In principal, this Note proposes a new—and
more equitable—approach in art replevin actions where
purchasers are rewarded for performance of due
diligence in the event of forfeiture.

Recommended Citation

Harvey, Caroline (2020) "An Avenue for Fairness: Disclosure-Based Compensation Schemes for Good Faith Purchasers of Stolen Art," Georgia Law Review: Vol. 54: No. 3, Article 6.
Available at: https://digitalcommons.law.uga.edu/glr/vol54/iss3/6