Acquisitive Prescription of Artwork and Other High-Value Movables: A Comparative Case Study of Litigation and Legislation in Louisiana, Germany, and Russia

Abstract

Abstract Using artwork and other valuables as a high-stakes case study, the Article discusses the law governing acquisitive prescription of movable property in Louisiana, Germany, and Russia. Rather than merely depicting what the law is from the perspective of a legal system’s respective silo, the Article develops a unique screen of test questions that have been intensely discussed by the courts and literature of the three sample jurisdictions when confronting prescription cases. What barriers, if any, does a jurisdiction erect with regard to the operations of prescription law? How are evidentiary burdens allocated with regard to good faith? Does the jurisdiction recognize tolling doctrines that do not reside in legislated law? What is the relationship between prescription and unjust enrichment? Controversies over art work and other high-value movables have inserted a powerful dose of drama into the discussion of these topics, which would have otherwise not received much attention in the public space. The Article concludes with the diagnosis that prescription law, one of property law’s core staples, is a fertile area of scholarly research with a particularly rich comparative yield. Louisiana, Germany and Russia differ widely as to the designs and operations of their prescription laws, which ultimately reflects distinct policies with regard to balancing the protection of ownership with the transformative effects of possession over time.