ABSTRACT
Over two years have passed since the entry into force of the German Cultural Property Protection Act in August 2016, sparking heated discussions between the art market and lawmakers. One of the most contentious topics of discussion concerns due diligence obligations for both individuals as well as those who professionally deal in transactions involving cultural objects. Most notably, shifting the burden of proof from the buyer to the seller of an item has stirred heavy debate in public and academic circles. This article outlines the development of this shift and the different levels of scrutiny applied to due diligence for the acquisition or purchase of cultural Items, accompanied by an analysis of relevant international, European, and national (here: German) law.
