000 01596cam a2200229 4500
001 ABS67177
008 031024n2003 000 0 eng u
035 _a(Sirsi) u124002
245 _aLorca's Poet in New York - a 64 year long saga
260 _c2003
490 _aArt Antiquity and Law
_vVIII(3) September 2003, 241-2549(14)
520 _aConsiders "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.
590 _aABS
650 _aGARCIA V SAAVEDRA DE ALDAMA
650 _aJURISDICTION
650 _aINTERNATIONAL LAW
650 _aSPAIN
650 _aMEXICO
650 _aWITHOUT NOTICE INJUNCTION
690 _aLAW
942 _n0
999 _c73641
_d73641