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Lorca's Poet in New York - a 64 year long saga

Series: Art Antiquity and Law ; VIII(3) September 2003, 241-2549(14)Publication details: 2003Subject(s): Summary: Considers "Fernandez-Montesinos Garcia and others v Manola Saavedra de Alaama" [2002] EWHC 2087 (Ch) (unreported) which concerns a dispute over the legal ownership of the manuscript of Spanish poet Frederico Garcia Lorca's "Poet in New York". The case illustrates how the English Courts approach international ownership disputes. Explains background to case including its complex history of ownership, issues which the High Court had to address including where should the dispute be heard, which system of law or systems of law applied, the problem of gathering evidence in relation to an object which had a history spanning 63 years by the time the court proceedings were started, providing evidence of foreign law and transfer of title under the applicable law. The manuscript was subject to both Spanish and Mexican law. Held that the defendant (S) satisfied the requirements for usucapion under Mexican law and was therefore the owner of the manuscript. The manuscript was subsequently sold at auction.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67177 (Browse shelf(Opens below)) 1 Available 124002-1001

Considers "Fernandez-Montesinos Garcia and others v Manola Saavedra de Alaama" [2002] EWHC 2087 (Ch) (unreported) which concerns a dispute over the legal ownership of the manuscript of Spanish poet Frederico Garcia Lorca's "Poet in New York". The case illustrates how the English Courts approach international ownership disputes. Explains background to case including its complex history of ownership, issues which the High Court had to address including where should the dispute be heard, which system of law or systems of law applied, the problem of gathering evidence in relation to an object which had a history spanning 63 years by the time the court proceedings were started, providing evidence of foreign law and transfer of title under the applicable law. The manuscript was subject to both Spanish and Mexican law. Held that the defendant (S) satisfied the requirements for usucapion under Mexican law and was therefore the owner of the manuscript. The manuscript was subsequently sold at auction.