LIECHTENSTEIN Law and Practice Contributed by: Thomas Plattner and Fabian Jenny, Ospelt & Partners Attorneys at Law Ltd.
governs the management of copyright and related rights.
normally considered a legitimate exercise of profes - sional discretion. At present, there is no published case law in Liech - tenstein requiring a private foundation to perform authentication. 4.3 Legal Remedies Following a Declaration of Inauthenticity A buyer who discovers that an artwork is inauthentic has several civil remedies under the ABGB. The most common remedy is to avoid the contract on the basis of an essential error that concerns either the main subject of the agreement or a characteristic that was decisive for entering into the contract (Section 871 of the ABGB). To succeed, the buyer must demonstrate that they were mistaken about a core attribute of the artwork – such as its authenticity – and that this error was either caused by the seller or should have been apparent to the seller. If the contract is deemed void, it is rescinded ex tunc. In this case, the buyer is entitled to a refund of the purchase price upon returning the artwork (Section 877 of the ABGB). Claims based on error must be brought within three years from the conclusion of the contract (Section 1487 of the ABGB). However, if the seller intentionally misled the buyer regarding the art - work’s origin, the buyer may assert a claim for fraud ( Arglist ) under Section 870 of the ABGB, which carries a significantly longer limitation period of 30 years. In addition, the buyer may pursue claims for breach of warranty (Section 922 ff of the ABGB). If the art - work lacks a quality expressly promised by the seller, the buyer may seek either a price reduction or rescis - sion of the contract. For movable property, warranty claims must typically be brought within two years from delivery (Section 933 of the ABGB). In professional art transactions, however, these statutory time limits are often adjusted by the terms of the sales agreement. High‑value transactions commonly include specific, contractually agreed warranties regarding authenticity that extend beyond the statutory framework.
4. Authentication of Artworks 4.1 Posthumous Rights to Authenticate Artwork Liechtenstein law does not establish a specific legal right to authenticate artworks. Instead, authenticity is treated as a question of fact rather than a separate legal title. In the event of a legal dispute, the court assesses the evidence submitted by the parties to determine the origin of the work. Such evidence may include provenance documentation, scientific analy - ses, and expert opinions. While an artist is alive, their own statement regard - ing a work is generally regarded as definitive. After the artist’s death, the responsibility for authentication often passes to heirs, foundations, or expert commit - tees. These entities may maintain the artist’s legacy and issue certificates of authenticity. Although these certificates are not legally binding on a court, they carry significant weight in the art market and serve as persuasive evidence in litigation. 4.2 Art Authentication Artists’ foundations often maintain a catalogue rai- sonné , which functions as the definitive list of an art - ist’s works. Under the principle of private autonomy, a foundation generally cannot be compelled to examine a work or issue an opinion. Foundations retain the right to refuse the inclusion of a work in their cata - logues based on their own professional and stylistic assessments. This discretionary authority is viewed as a means of protecting both the foundation’s reputation and the integrity of the artist’s legacy. However, a foundation that holds a dominant position in the art market must ensure that its decisions do not constitute discriminatory conduct under competition law. If a foundation refuses to evaluate a work without objective justification, such behaviour could poten - tially be regarded as an abuse of its dominant position. Conversely, a negative authentication outcome based on a thorough and well‑documented examination is
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