This is a brief excerpt from the document you requested from IFAR’s Art Law & Cultural Property Database.
Case Summary
Iran v. Barakat Galleries
Gov’t of Islamic Repub. of Iran v. The Barakat Galleries Ltd., [2007] EWHC 705 (Q.B.D. 2007), rev’d by [2007] EWCA Civ. 1374 (A.C. 2007).
Précis
In a case which determined that Iranian cultural property laws established ownership rights for purposes of English law, the English Court of Appeals enabled the Government of Iran to recover antiquities from The Barakat Galleries, Limited, a London-based art gallery. Reversing an earlier High Court decision, the Court of Appeals held first, that Iran’s rights in the antiquities . . . .
Associated Legal Decision(s)
Associated Statutes and/or Legislation
-
Constitution of the Islamic Republic of Iran (1906, as amended 1979), Arts. 45, 47, 83, 561 and 562 [unofficial translation]
-
Civil Code of 1935, Arts. 26, 30, 31, 32, 35, 36, 165, 173, 174, 175, 176, 308, 309 and 317 [unofficial translation]
-
National Heritage Protection Act (1930), Arts. 1, 9, 10, 11, 13, 14, 16 and 17 [unofficial translation]
-
Regulations concerning the implementation of the National Heritage Protection Act, Arts. 17, 18, 25, 31, 36, 41, 48, 50 and 51 [unofficial translation]
-
Legal Bill Regarding Prevention of Unauthorized Excavations and Diggings intended to obtain antiquities and historical relics...(1979) [unofficial translation]
-
Punishments Act (1996), Arts. 559, 561 and 562 [unofficial translation]
-
Torts (Interference with Goods) Act (1977) [original language]
Click here to subscribe to IFAR's Art Law & Cultural Property Database to access this and other documents about U.S. and international legislation and case law concerning the acquisition, authenticity, export, ownership, and copyright of art objects.