Art law

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The increasing complexity of the art market requires experienced advice on the risks and implications of business involving works of art.

Devesa has the necessary team and experience to advise artists, collectors, museums, auction houses, insurance companies, transport companies and the rest of the key players in the art market. 

Likewise, our firm collaborates with a prestigious art appraisal firm for the preparation of authenticity reports based on scientific and technical. Among the specific services included in this area of art law, the following stand out:

Art and inheritance/heritage law. 

  • Cataloguing and valuation of works of art of the estate and/or community property, as well as making proposals for distribution or liquidation. 
  • Preparation of wills and bequests that include relevant art assets.
  • Art and patronage.
  • Constitution of foundations and associations whose foundational purpose is the defense and/or promotion of artistic heritage, both national and regional.
  • Legal, tax and labor advice to Foundations and Associations related to the art world.

Art and tax law. 

  • Tax optimization of artistic heritage. 
  • Analysis of the taxation of the transfer of collections and singular works.
  • Spanish historical heritage assets (BIC, BIG, etc…).
  • Dation in payment of taxes with works of art.

Art and commercial law.

  • Contractual advice on legal transactions involving works of art, such as loans of works of art, insurance policies or financial products backed by works of art, deposits, bailments, financial guarantees.
  • Advice on the purchase and sale of works of art, including the prior issuance of the corresponding due diligence report. 
  • Art insurance: litigation, valuations.
  • Comprenhensive advice to artists, collectors, foundations, galleries and museums.
  • Intellectual property and protection of copyrights and related rights. 
  • Art contests: drafting of legal bases and protection of personal data.

Art and procedural law.

  • Legal management of matters relating to possible forgery of works of art, theft of works of art or works of art that have been incorrectly attributed.
  • Compliance programs for galleries, antique dealers, auction houses, etc.

Additional services through our partners.

  • Technical images
  • Scientific studies.
  • Graphological studies.
  • Judicial valuation of works of art.
  • Investment portfolios with works of art as assets.
  • Management of corporate collections: Cataloguing and periodic valuations.