Acquisitions, sales and circulation of works of art
Borghese Associés assists its clients in the drafting of contracts for the sale or purchase of cultural property at auctions or private sales, and in the implementing of due diligence procedures regarding provenance and authenticity.
Borghese Associés advises you at every stage of the contract drafting process, provides you with expertise and represents you at civil or criminal courts in any legal disputes concerning cancellation of sales, forgeries or counterfeits.
Borghese Associés intervenes in all types of national and international disputes relating to the circulation of cultural goods and provides expertise and a network offering you assistance and advice on applicable regulations, the application procedure for certificates of cultural property or export licenses.
In recent years, many start-ups have been emerging in the art market, in areas such as loans or leases of art works, development of financial tools focused on art works, new technologies such as blockchain and 3D printing. In order to respond as efficiently as possible to their specific legal needs, Borghese Associés taylors its practice to provide high quality and cost effective advice.
Auction Houses – Auctioneers
Since it was founded, Borghese Associés has been supporting and advising auctioneers in their business activities: ethical obligations, export certificates, relations with artist committees, sales catalogs, and more generally sales disputes.
Borghese Associés assists and advises collectors both in the authentication and protection of their works and in the management of their collection. An heritage and fiscal audit may be proposed, as well as studies into the provenance of any works in the collection.
Endowment funds, foundations, associations
Borghese Associés supports companies and artists or collectors in their projects to set up endowment funds, associations or foundations. The firm is involved in the development of cultural patronage, a CSR (Corporate Social Responsibility) development tool, and in the implementation and monitoring of both in-kind and financial cultural patronage transactions as well as skills sponsorship.
With particular regard to artists, heirs of artists or rights holders, the establishment of a suitable structure may prove useful for creating an artist committee and defining a procedure for issuing certificates of authenticity, writing a comprehensive annotated catalog and, more generally, developing, preserving and publicizing the work for which they are responsible.
Artists, artist committees, experts
Borghese Associés assists artists and galleries to draft contracts and resolve any litigation related to payment, exhibition conditions or the deposit of works, in accordance with the code of ethics of art galleries. The firm’s lawyers are sensitive to the specific needs of artists in relation to the recognition of their rights.
Borghese Associés also advises artist committees for the resolution of legal issues that they may be facing, from setting up the committee to its day-to-day management, particularly with regard to disputes relating to requests for the authentication of works, and which strategies to implement should a forgery or counterfeit be discovered.
With this same strong awareness of the specific characteristics of the art market, the firm advises and defends the various players in this market, from experts to authors of comprehensive annotated catalogs and collectors, in disputes relating to the authenticity of works of art and the freedom of expression of specialists.
Claims and restitution of art objects, and cultural heritage
Borghese Associés assists and advises individuals or institutions in the negotiation and/or litigation of claims and restitution of cultural property. Claims and restitution requests usually include an international dimension which the firm can respond to through its network of correspondents.
Thanks to its network, Borghese Associés is able to handle any insurance issues related to art collections, whether related to their exhibition, transport, deposit or delivery with the scope of any contracts drawn up. Our services include the analysis of the conformity and/or the legal adequacy of insurance contracts, their negotiation, as well as invoking the liability of a third party (whether civil or criminal) and the mobilization of the insurance contract in the case, for example, of damage, infringement of copyrights or theft.
For specific insurance contracts, Borghese Associés works with Me Pierre-Etienne Kuehn.
Restitution of property stolen during the First and Second World Wars
Borghese Associés assists and advises looted families, but also institutions that are in possession of works identified as resulting from a dispossession.
The firm also has an interest in the disappearance of works from national collections during the First World War and assists both institutions and individuals to recover these.
Borghese Associés also assists those making applications to the Commission for the Compensation of Victims of Spoliation (CIVS).
Borghese Associés offers advice and assistance to owners of historic residences for the protection and management of their property, which while being of both financial and emotional importance can also be a burden, in terms of maintenance and protection. By implementing incentive-based rules these residences are able to be protected and maintained in the most favorable conditions.
The art market is particularly conducive to a variety of criminal offenses, particularly in the area of property crime, such as theft, concealment, scams or breaches of trust, artistic forgery and counterfeiting of works of art. Borghese Associés assists its clients, defendants or civil parties, throughout the criminal proceedings: preliminary inquiry, constitution of civil party, investigating judge, criminal court, court of appeal.
Borghese Associés is at the forefront of finding alternative solutions for the resolution of cultural heritage disputes, including the conclusion of win-win agreements and maintaining good relations between the parties concerned.