• Linkedin
  • Facebook
  • Twitter
  • Ask a question
  • NL
  • EN
+31 (0)70 3615048
GMW lawyers
  • Lawyers
  • Expertise
    • Employment & Pension
      • Employment law
      • Pension law
      • Discrimination law
      • Immigration law
    • Family & Inheritance
      • Family law
      • Divorce law
      • Inheritance law
      • Estate planning
    • Property & Tenancy
      • Property law
      • Tenancy law
      • Administrative law
    • Company & Insolvency
      • Corporate law
      • Commercial contracts
      • Financing and securities
      • Restructuring and Bankruptcy
      • Intellectual property
    • Liability
      • Personal injury law
      • Law of liability
      • Directors’ liability
    • Art & Culture
      • Agreements
      • Due diligence
      • Import / export
      • Art litigation
      • Art recovery
  • Articles
  • Downloads
  • About us
    • International
    • Vacancies
  • Contact
  • Search
  • Menu
  • Lawyers
  • Expertise
  • Articles
  • About us
  • +31 (0)70 3615048
  • Ask a question
  • NL
You are here: Home / Expertise / Art & Culture / Due diligence and provenance

Due diligence & provenance

One of the distinctive properties of a physical work of art is its longevity. Consequently, a work of art is expected to change ownership many times throughout its existence.  Due diligence before acquisition is necessary to reduce the risk of an adverse situation arising for an art purchaser. Even though Dutch law presumes good faith on the part of the purchaser, legal disputes arising from claims can be costly, impact reputation, consume a great deal of effort and even potentially reduce the value of the art that has come under question.

Comprehensive due diligence before purchase limits these risks. GMW lawyers can carry out investigations to identify any suspicious circumstances that surround the acquisition, with special attention given to ascertain if the original or consequent owner was a victim of loss or theft.

Provenance research forms a central part of due diligence and refers to an object’s full history and ownership. GMW is able to carry out professional provenance research with access to major archives in The Hague and around The Netherlands.

However, is not always possible to avoid court proceedings. The concept of due diligence is present in European and international law, but there is no corresponding standard of precisely what this entails. This introduces risks depending on who is hearing the case and under what jurisdiction. GMW lawyers has the know-how to anticipate what level of due diligence and evidence is needed in case of dispute.

Due diligence is not confined to sales and acquisitions, but is necessary for all transactions including donations, loans and collateral in financial contracts. GMW lawyers can offer counselling to private and corporate collectors, businesses, and non-profit organisations concerning their legal responsibilities when learning that objects in their collections have a flawed provenance due to alleged theft or looting.

For more information or assistance with due diligence and provenance, please contact us.

Articles

Good time to buy art
14 January 2019/by Antoine de Werd

A good time to buy art

Winter is a great time to buy art, especially with lavish art…
French court Pissaro case
12 November 2018/by Thijs Sarneel

French court orders restitution of looted Pissarro

Chinese Buddha Mummy case
6 November 2018/by Thijs Sarneel

Chinese Mummy Buddha Statue Case

Lawyers

Antoine de Werd

Thijs Sarneel

GMW lawyers logo

Scheveningseweg 52, 2517 KW
The Hague

  • Employment & Pension law
  • Family & Inheritance law
  • Property & Tenancy law
  • Company & Insolvency law
  • Liability law
  • Art & Culture law
  • Bought a house with defectsSo you bought a house with defects – what now?4 December 2019 - 17:01
  • Indexation of alimony 2020Statutory indexation of child and spousal alimony 20206 November 2019 - 11:00
  • De-aangetekende-brief-achterhaaldHas the registered letter become obsolete?6 November 2019 - 10:42
  • Privacy policy website & mailings
  • General Terms and Conditions
  • Disclaimer
  • Submission of a complaint
  • Rates
© Copyright 2019 GMW lawyers | All Rights Reserved
Scroll to top

Your privacy

GMW advocaten takes your privacy seriously. We store a few cookies in your browser that make the website function correctly.

Privacy statement
Close