Re: U.S. Appeals Court Rules Spanish Museum May Keep Nazi Looted Art #holocaust #announcements


Adam Cherson
 

I haven't read the proceedings of this case, but there is a question in my mind whether a contract (i.e. a purchase and sale transaction) is a voluntary one if one of the parties is acting under extreme duress (i.e. a gun to the head). If the seller's thinking was: either I give this painting over in exchange for the passport or I will likely die, then that is not a truly voluntary meeting of the minds. If that was the case, then one might argue that the original sale was void from the inception and that therefore the chain of title is no good. I guess it all depends on how real the threat to her life was in 1939 in the place where the transaction occurred.

Adam Cherson

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