Volume 43 | Number 1 Fall 2007
Adding Tools to the Arsenal: Options for Restitution from the Intermediary Seller and Recovery for Good-Faith Possessors of Nazi-Looted Art
V. Conclusion
There have been promising, albeit few, advances in litigation favoring good-faith possessors over intermediary sellers. But as claims by original owners and their heirs increase, these initial developments in favor of good-faith possessors will be built upon. Presently, at least fourteen major museums in the U.S. are contesting war-related art claims in court or through negotiations.211
With the emergence of title insurance and other protective non-litigation remedies, there is a growing collection of tools at the disposal of good-faith possessors. With these improvements, it is possible that we may again reach the apex of protection attained in Menzel v. List—if not through adjudication, then through a combination of the various devices at the innocent parties’ disposal.
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Footnotes
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