Research Article

Civil Litigation Mechanism for the Return of Stolen Artifacts from the US: An Example of Taizong Horses

Yujie ZhaoLaw School of Nanjing University*

* Corresponding author: [email protected]

Abstract

A large number of ancient artifacts were stolen, plundered, and displaced abroad due to aggressions and wars in the early 1900s, and the US is one of the largest recipients of stolen artifacts from around the world. In past practices, negotiation and purchasing have been the main means to recover these lost artifacts. This article argues that legal means, especially the civil litigation approach, can play a unique role in recovery. Through analyzing original ownership, bona fide acquisition, and the statute of limitations in domestic law, the passage demonstrates the feasibility and effectiveness of litigation for the return of artifacts in the US. This paper also analyzes the civil litigation mechanism for the recovery of international stolen cultural property under the American legal system by taking the Chinese cultural relic Taizong Horse exhibited in the Museum of the University of Pennsylvania as an example and proves that civil litigation for the recovery of international cultural relics is completely feasible.

Keywords: artifact; international cultural property recovery; original ownership; bona fide acquisition; statute of limitation
Published: November 20, 2023
DOI: 10.54254/2753-7064/13/20230300
Volume: CHR Vol.13
pp. 194-198
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References

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  13. U.C.C. § 2-403(1); R. ANDERSON, at 584.
  14. Supra note 45, at 445.
  15. U.C.C. § 2-403(1) states: A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though... (d) the delivery was procured through fraud punishable as larcenous under the criminal law..
  16. Supra note 45, at 445. “Void” here means that an instrument or transaction is nugatory and ineffectual so that nothing can cure it; voidable exists when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it.” See BLACK’S LAW DICTIONARY 812 (5th ed. 1979).
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  18. Garro, The Recovery of Stolen Art Objects from Bona Fide Purchasers; Ibid at 503, 504.
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  21. 917 F 2d 278 (7th Cir 1990).
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