Yale asserts right to Van Gogh’s work
Dec 27 2009 , Associated Press
The university sued in federal court in March to assert its ownership rights over The Night Cafe and to block a descendant of the original owner from claiming it.
Pierre Konowaloff is the purported great-grandson of industrialist and aristocrat Ivan Morozov, who bought the painting in 1908.
Russia nationalised Morozov's property after the Communists seized power.
The painting, which the Soviet government later sold, has been hanging in the Yale University Art Gallery for almost 50 years. “Invalidating title to the painting would set US courts at odds with the Russian government and cloud title to what Konowaloff concedes is at least $20 billion of art in global commerce,” Yale's attorneys wrote in court papers filed on Wednesday.
It also would "imply the invalidity of title to countless billions of dollars more of other sorts of property expropriated and sold" by Russian authorities, Yale's attorney wrote. Any federal court invalidation of Russian nationalisation decrees from the early 20th century would create "significant tensions" between the United States and the Russian Federation, Yale argues.
Russia continues to possess, display and defend its title to many artworks that were nationalised, including against Konowaloff's litigation and threats of litigation in France and Britain, Yale says. It says the court does not have the authority to evaluate the legality of a Russian nationalisation. The university says former owners have challenged titles to artwork and other property seized from them in Russia, but their claims were rejected by the US Supreme Court and state, federal and foreign courts.


















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