Abstract
The Gardener — an oil painting that Vincent Van Gogh made in 1889 — has been considered under Italian law since 1954 as a work of art that possesses ‘historical and artistic interest’. Because of its much attributed value, this work of art has been passed on numerous times and has been proclaimed under the ownership of several different people and agencies such as the Modern and Contemporary Art Gallery in Rome. As such, several issues regarding the right of pre-emption and ownership under Italian law were raised because of the various conflicting and especially financial interests involved. An owner's right to sell and export this painting, and other such property rights, may come into conflict with the country's right of keeping the painting within its boundaries. This chapter discusses how subjective judgement is often used in such cases that involve physical preservation and the international exchange of objects with cultural significance.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
