An essay by lawyer William L. Charron on the recent ruling in Cassirer v Thyssen-Bornemisza Collection Foundaton. Charron explores the importance of comity, the facts and outcome in the case, the real question posed by the court whether Spain’s relevant commercial laws are ‘Just and Fair’ and the fairness of the outcome. He concludes that 'a good faith possessor who prevails on the basis of a choice of law ruling and comity, like TBC, succeeds justly. The policy reasons behind such a decision may not accord with sentiments behind the Washington Principles, but those reasons are no less important and worthy.'
To read the essay click here.
Art Antiquity and Law, Vol. XXIV, Issue 2