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LA Judge Rules Against San Diego Jewish Family Over $30M Painting Looted By Nazis
cbs2la ^

Posted on 05/02/2019 12:05:17 PM PDT by BenLurkin

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To: Freedom4US
Exactly!

"found no evidence the museum knew it was looted art "

Try that argument when you're stuck with a counterfeit $100 bill.......Or ANY other stolen property!!!!!

21 posted on 05/02/2019 12:21:20 PM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: CivilWarBrewing
Nonsense!

Deals under such extreme duress are ALWAYS invalid!

22 posted on 05/02/2019 12:22:53 PM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: Bob434

Semantics. The painting was apparently the price of the exit visa. No painting no exit visa. Yeah, it was a probably a bribe. But in the end she got the bargain she negotiated. Either way she was going to lose the painting. She bought 60 years of life by surrendering it when she did. She also got $13,000 in reparations from the German Government in 1958. That was probably the value of the painting at that time. You could buy a pretty nice house for $13,000 in 1958.


23 posted on 05/02/2019 12:22:57 PM PDT by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping List)
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To: CivilWarBrewing

they took the painting by causing extreme duress- there was no choice- other than die- but the nazis would take the painting anyways-

The mafia used to work that way- and it was a crime- they ‘offered’ protection- and the owners could either ‘accept’ the offer or die- The mafia would take products for free from the stores under this ‘agreement’ but still it was a crime-


24 posted on 05/02/2019 12:24:12 PM PDT by Bob434
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To: P-Marlowe

Coercion voids a contract. But I’m sure the Nazis appreciate your support


25 posted on 05/02/2019 12:24:41 PM PDT by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: Freedom4US

“No evidence the museum knew it was looted”.

Well, they know it NOW!
It belongs to the family.


26 posted on 05/02/2019 12:25:46 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: P-Marlowe

see my last reply- and also post 22-

“Duress makes a contract voidable

Duress is a means by which a person or party can be released from a contract, where that person or party has been forced or coerced into the contract.If this coercion can be shown to be true then the contract entered into cannot not be considered a valid agreement....

To be successful in a claim for duress there must be effectively no choice for the party other than to comply with the demand.”

https://www.lawteacher.net/free-law-essays/contract-law/duress-makes-a-contract-voidable-contract-law-essay.php


27 posted on 05/02/2019 12:26:24 PM PDT by Bob434
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To: P-Marlowe

She “traded” it for an exit visa. Don’t be fooled, it was confiscated.


28 posted on 05/02/2019 12:27:42 PM PDT by Freedom4US
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To: Bob434

Huh? So a woman who loses a child to kidnapping loses all rights to her child?

~~~

I phrased my question badly. I was trying to convey my incredulity that the judge really seems to be saying that the circumstances about how the painting left their possession was meaningless. It seems very important, which is why I used the word duress.


29 posted on 05/02/2019 12:29:22 PM PDT by z3n
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To: Rashputin

Shouldn’t she get the painting back?


30 posted on 05/02/2019 12:30:16 PM PDT by Freedom4US
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To: BenLurkin
a Spanish museum which acquired a $30 million painting

PROVANANCE ... Don't buy a work of art without it.

ML/NJ

31 posted on 05/02/2019 12:32:18 PM PDT by ml/nj
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To: Freedom4US
"What does that have to do with anything? WTF?"

Yep... Antisemitism rules the courts these days...

32 posted on 05/02/2019 12:34:03 PM PDT by SuperLuminal (Where is Sam Adams now that we desperately need him)
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To: hinckley buzzard

They aren’t supposed to buy stolen goods, I understand that.

My point is, the mete fact that they “didn’t know it was stolen” does not confer legitimate title! It does mean (if true) they won’t be prosecuted, but they have no claim to ownership. This is black letter law.


33 posted on 05/02/2019 12:34:14 PM PDT by Freedom4US
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To: P-Marlowe; petitfour; BenLurkin

LEGAL isn't always MORAL.

Spain paid $350 million for the painting.

You'd think Spain would compensate the grandson $1 million or two, given that Judge Walter also criticized Spain, calling its decision to keep the painting “inconsistent” with international agreements that it and other countries have signed “based upon the moral principle that art and cultural property confiscated by the Nazis from Holocaust (Shoah) victims should be returned to them or their heirs.


34 posted on 05/02/2019 12:35:05 PM PDT by onyx
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To: BenLurkin

Well, this is bullshit.


35 posted on 05/02/2019 12:35:33 PM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: BenLurkin

If you are in possession of stolen property the cops don’t care. It’s stolen and it’s not yours.
This is the same Spanish government who claims the treasure from ships lost centuries ago.


36 posted on 05/02/2019 12:35:42 PM PDT by BuffaloJack (Chivalry is not dead. It is a warriors code and only practiced by warriors.)
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To: P-Marlowe

“Sounds like she got a good deal.”

So “your money or your life” is binding, legal, exchange?

I guess we’ve got to let muggers keep the money now.


37 posted on 05/02/2019 12:37:05 PM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: BenLurkin

She gave the painting up a gun point. Sounds like piracy to me.


38 posted on 05/02/2019 12:37:11 PM PDT by BuffaloJack (Chivalry is not dead. It is a warriors code and only practiced by warriors.)
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To: Bob434

As an aside, since a valid contract presupposes and requires two willing parties, doesn’t this mean the “social contract” is null and void? Hm.


39 posted on 05/02/2019 12:37:45 PM PDT by Freedom4US
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To: BenLurkin

Looking at the case, it turns on Spanish law, which was specifically written to screw victims of the Shoa.


40 posted on 05/02/2019 12:39:01 PM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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