Art Law

What are the rules regarding the provenance of works of art in Switzerland?

What are the rules regarding the provenance of works of art in Switzerland?

In Switzerland, the provenance of works of art is regulated by cultural property law. Swiss legislation imposes a duty of diligence on holders of works of art regarding their provenance, particularly to prevent the acquisition of cultural property that has been stolen or illicitly exported from a country of origin.

The rules regarding provenance differ according to the status of the artwork. If the work is considered a cultural property, it is subject to stricter rules.

Thus, for cultural property, Swiss law stipulates that anyone who wishes to acquire, import, export, or transfer ownership must prove the legality of the artwork’s provenance. Swiss authorities may require documents, such as export certificates or certificates of authenticity, to verify the provenance of the artwork.

Furthermore, if a foreign state requests the restitution of a cultural property due to its illicit provenance, Swiss authorities may proceed with restitution, in accordance with the international agreements signed by Switzerland in this regard.

In summary, the rules regarding the provenance of works of art in Switzerland aim to prevent the acquisition of cultural property that has been stolen or illicitly exported from a country of origin. Holders of works of art are required to prove the legality of the artwork’s provenance, and Swiss authorities may proceed with the restitution of cultural property in case of a request from a foreign state.

 

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