The trading of antiques, fine art and collectibles : the Maltese perspective

Abstract

In legal terms, the antiques, fine art and collectibles market is rather unique. Giving rise to various particular legal concepts, the trading of art, antiques and collectors' items in the legal context deserves to be analysed for a number of reasons. This dissertation intends to provide a clearer perspective by analyzing the various laws and issues which either directly or indirectly define the borders which make up what may be termed as a branch of 'art law'. The thesis explores a number of areas; nevertheless, it aims to keep a focus on issues related to trade. However, outlining the functions of the various authorities which in some way or another affect the trading of antiques, fine art and collectibles is necessary in order to better understand the mechanics of the system. This thesis analyses the relevant laws protecting cultural property in addition to exposing the particular concepts which pertain strictly to the trading of antiques, fine art and collectibles. These include the unique responsibilities and duties with regards to the business of auctioneering; the profession relating to conservation and restoration; the trading of antiques and artistic weapons; warranties in sales of antiques, art and collectibles; and the applicable taxes. The second part of the thesis reveals the international flavour to the study. This embodies both a general perspective to the trading of antiques, fine art and collectibles on the international plane, together with a cursory glance at illegal trade, and also an in depth analysis of the intellectual property rights pertaining to artists. Some concluding comments are also expressed in the final chapter with the aim of outlining the positive criteria present in the relevant laws, together with criticism and suggestion for reform where appropriate.