The Law of Stolen Art in Germany


Katie and Steve speak with renowned German art lawyer Dr. Katharina Garbers-von Boehm about the law of title in Germany as it applies to art, including the concepts of good and bad faith in considering ownership, the legal primacy of possession, and the doctrine of adverse possession that allows possessors of stolen property, like Nazi-looted art, to take good title after a certain number of years. They discuss differences under U.S. law, particularly with respect to stolen property, soft laws that encourage voluntary actions that the law may foreclose, and recent German law developments surrounding Nazi-looted art.

Resources

https://onto-partners.com/en/dr-katharina-garbers-von-boehm-ll-m-en/

https://www.nytimes.com/2025/01/09/arts/germany-nazi-looted-art-restitution-panel.html

https://www.fieldfisher.com/en/sectors/art-law/art-at-law/germany-announces-a-major-reform-of-the-process-resolving-nazi-looted-art

Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.


Episode Transcription Coming Soon


Music by Chris Thompson. Produced by Jackie Santos.