Italian legal guide explores possession vs. ownership in art market
The publication 'Collezionare senza rischi. Guida legale, fiscale e notarile all’acquisto d’arte' focuses on the issues of ownership and possession of art pieces. Under Italian legislation, one cannot convey more rights than they possess; however, Article 1153 permits good faith acquisition from someone who does not own the item. This provision does not extend to public cultural assets, which are inalienable as per Article 823. The guide highlights the case of a 'Madonna with Child' linked to Antonio Solario, which was stolen from the Museo Civico di Belluno on August 24-25, 1973, and later appeared in the UK in 2017. Barbara de Dozsa's attempt to sell it led to British police returning the piece in 2020, without confirming ownership. In 2025, it was sent back to Belluno. Establishing provenance is essential for ensuring legal title.
Key facts
- Guide 'Collezionare senza rischi' published by con-fine in Collezione da Tiffany series
- Article 1153 of Italian Civil Code allows ownership acquisition through possession if buyer is in good faith and has valid title
- Public cultural property under Article 823 is inalienable and cannot be acquired through possession
- Madonna con Bambino attributed to Antonio Solario stolen from Museo Civico di Belluno on August 24-25, 1973
- Painting resurfaced in UK in 2017 when Barbara de Dozsa tried to consign it to an auction house
- Interpol and Carabinieri Cultural Heritage Protection Command identified the work as stolen
- British police returned painting to de Dozsa in 2020 without granting ownership
- Painting voluntarily returned to Belluno in 2025
Entities
Artists
- Antonio Solario
Institutions
- Collezione da Tiffany
- con-fine
- Museo Civico di Belluno
- Interpol
- Comando Carabinieri per la Tutela del Patrimonio Culturale
Locations
- Belluno
- Italy
- Regno Unito
- United Kingdom