Due Diligence in Art Law and Cultural Heritage Law

The article examines the meaning and scope of ‘due diligence’ within spheres Art Law Cultural Heritage Law, especially concerning authenticity clean provenance, to determine what can legitimately be expected from parties involved thus avoid legal uncertainty vis-à-vis burden proof, suitability indemnity restitution claims. Regarding methodology, comparative methods are used examine institutes in different systems, induction deduction identify sources, examination case studies. first part considers how agreed quality an artwork is established, particularly regarding roles those involved, their responsibilities due diligence cases involving disputed authenticity, as well distribution proof. Cases analysed which artworks or cultural goods compromised absence provenance. second aims systematize requirements expose fundamental divergence between Common Civil protection good faith possessor. An alternative solution costly scientific tests evidence rescind sales agreements pieces with contested proposed, adoption convergent understanding systems questionable research relevant because it impacts formulation public policy for property art trade general, while offering criteria duties inherent diligence.