Anna Gibello, Michel Segers and Victor Rouard, with the help of Camille Van Der Loos, had the opportunity to contribute to a book entitled “Handboek Kunsterecht”, published by Intersentia under the direction of Mr. Oliver Lenaerts.
The chapter written by Anna Gibello and Victor Rouard deals with the delicate issue of the international circulation of works of art and cultural goods, which is governed by a patchwork of regulations that attempt to reconcile, on the one hand, the protection of cultural heritage and, on the other hand, the free circulation of goods.
The circulation of cultural goods is regulated at the international, European, federal, community and regional levels, resulting in a complex legal regime whose lack of harmonization makes it necessary to analyze each situation individually, according to all its particularities. Their contribution constitutes an overview of the main questions that could be faced by an actor of the art market, a public authority, or even a private individual wishing to export or import a cultural object, to claim ownership of it, or to acquire a cultural object whose origin is uncertain.
The chapter written by Michel Segers focuses on the existing legal relationships between auction houses, the contributor and the buyer, paying particular attention to the question of the role and validity of the exemption clauses that may be involved.
Due to their specific characteristics, which are now superimposed by the development of online platforms, these relationships may be subject to distinct legal regimes (consumer protection, rules specific to B2B relationships, unfair commercial practices, etc.), requiring all market players to exercise particular caution during these transactions. In his contribution, Michel Segers highlights the main aspects that must be taken into consideration by the contributor, the buyer, or the auction house in order for the sale to take place under adequate legal conditions.
More information and ordering of the book on : https://intersentia.com/en/handboek-kunstrecht.html?SID=g1oriais0ksc5ptcls2eusumv7&___from_store=nl