It would appear that the painting wasn't stolen off the wall by the Nazis, but the owner was a Jewish German who most probably sold the painting at a really cheap discount while trying to get out of Germany while she still could. It's a difficult case where the law technically is right in favoring Ms. Taylor, but it would be very interesting to know how much Ms. Mauthner received for selling the painting while trying to get out of Nazi Germany. If morals and ethics were involved, her heirs should receive at least a very substantial portion of today's going rate for that painting.
The second link should have been titled “Elizabeth Taylor sues for right to van Gogh painting”.
No, legally a sale of that nature would be deemed illegal under the 1998 treaty, anything post 1933, when Jews lost citizenship, employment, and property rights. This apparently turned on statutes of limitation, which I think is an interesting topic, and one which I don't know much about.
Similar suits were filed in Europe, the location of the confiscations, immediately post WWII. Generally unsuccessful in local jurisdictions. Opening up the market.
This family was fortunate in escaping, but many didn't, and if there are heirs, they're often descendents, I think these are grandchildren, and probably not particularly well informed about their families European possions a half century ago. I don't know how this one came to light, but it's only been a couple years that the art world has been cataloging missing art. So it's quite possible that a child or grandchild perusing databases could discover a parent or grandparents possession.
When does the clock start? 1998, entry on the database, time of discovery?
Whatever someone was willing to give for it. The point is that it was freely sold, and Taylor was in no way responsible for the loss by the other party.
----
If morals and ethics were involved, her heirs should receive at least a very substantial portion of today's going rate for that painting.
Anyone in a position of wealth such as Taylor could well afford to make a large donation to a museum of the family's choice in order to satisfy the contention.
If they're interested in the arts, they would accept the offer: if they were interested in simply the money, they would refuse it.
IMHO, it would be a classy solution.