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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

Price: £225.00

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Authenticity in the Art Market: A Comparative Study of Swiss, French and English Contract Law

ISBN13: 9781903987179
ISBN: 1903987172
Published: December 2005
Publisher: Institute of Art and Law
Country of Publication: UK
Format: Paperback
Price: £28.00

Despatched in 14 to 16 days.

This book examines the scope of the seller’s duty, within each of the jurisdictions at issue, to inform the buyer of facts relevant to the issue of authenticity, together with the contractual force of any guarantees given by the seller. The author analyses the concept of mistake as it applies in each of the countries under consideration, and examines dol as a vitiating factor in Swiss and French law, and misrepresentation in English law.

An account is given of the buyer’s remedies, including damages and setting the contract aside, and attention is paid to the problem posed for the mistaken buyer by limitation periods. The text also contains a number of useful appendices, including a table of limitation periods, and the relevant statutory provisions from Swiss, French and English law.

Fakes have always existed, but the very high prices which art and antiquities now command mean that we are witnessing ever greater numbers of fakes and forgeries in the major art markets. This book focuses on the contractual relationship between the buyer and seller and explains the circumstances in which the courts of three major art market countries (Switzerland, France and England) approach claims concerning inauthenticity.

Art and Cultural Heritage Law
Table of Cases
Table of Legislation
Chapter 1: Introduction
Chapter 2: Swiss Law
Chapter 3: French Law
Chapter 4: English Law
Chapter 5: Comparision and Evaluation of the Solutions
Chapter 6: Conclusion