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Showing posts with label Napoleonic Law. Show all posts
Showing posts with label Napoleonic Law. Show all posts

July 5, 2019

The value of a boy king in the form of the ancient Egyptian god Amen: All Sales Final

Engraving of Christie's auction Rome, "The Microcosm of London" (1808)
As the start of Christie's Exceptional Auction began on Thursday evening, the auctioneer present made an clipped announcement.  Those bidding on Lot 110, the 3000 year old Egyptian quartzite head of Tutankhamun portrayed as the god Amun, had to be registered bidders, a codicil she did not apply to other individuals bidding on remaining lots on offer last night.  Quickly, in less time than it takes a grim-faced Brit to drink a cup of tea, Christie's sold one off one of the most controversial items to pass through its doors.

The hammer price for the Egyptian head, a neat £4 million plus buyer’s premium, relevant fees. 

But this is not the only time that the firm has refused urgent appeals from source countries and concerned parties to remove items from auction.   

In one 2009 incident China’s State Administration of Cultural Heritage (SACH) protested the sale of a group of bronze animal heads, which once adorned a water clock fountain in the Chinese emperor's Summer Palace. These Chinese zodiac sculptures, on sale at Christie's in Paris, were part of the collection of Yves Saint Laurent and his partner Pierre Bergé.  As the auction's presale advertising began to gather momentum, it was announced that the bronzes had been plundered during the Second Opium War which pitted the United Kingdom and the French Empire against the Qing dynasty of China in 1860. 

Hinting that the failure to withdraw the objects would have “serious effects” on Christie’s interests in the pronounced concerns, the source country applied pressure for the object's restitution. When that failed to achieve any desired results, a motion was formally filed through the Association for the Protection of Chinese Art in Europe (APACE) backed by a group of signatories hoping to block the sale through legal action via through the Tribunal de Grande Instance in Paris. 

Unfortunately in that case, basing their decision on  French law, there were no legal measure available to the source country, so the legal case went nowhere as French law, based on Napoleonic law,  allows a purchaser to obtain valid title to stolen cultural property if said purchaser acted in good faith and exercised due diligence. Given the length of time between plunder and sale, it was determined that Pierre Bergé, as well as those who owned the artworks before him, had each acted in good faith when purchasing the Chinese booty.

Left with no other option but to buy back their own art back, Chinese art dealer Cai Mingchao purchased the statues during the auction pledging to pay some € 28,000,000 and then sabotaged the sale by refusing to pay.  Later he admitted that he had placed his bid solely “to disrupt the sale of the items.”

The fact that registered buyers now sign agreements obligating specific responsibilities when they bid appears to be the reason for Christie's announcement requiring that all bidders on Lot 110, the Egyptian disputed antiquity, be formally registered.  By doing so, it thwarted any possibility of patriotism getting in the way of payment.

In the end, Christie's made a tidy sum off of Egypt's sorrow.  By ignoring Egypt's request for information as to the object's legitimacy, it also proves that their sensitivity to a source nation's plunder and looting is far more shallow, than their client's incredibly deep pockets.

By:  Lynda Albertson