A 16th-century painting of the Madonna and Child, which vanished from an Italian museum over fifty years ago, has ignited a complex legal dispute over its rightful ownership. Originally acquired by the Civic Museum of Belluno in 1872, the painting was stolen in 1973 during a spate of art thefts. It now resides with Barbara de Dozsa in Norfolk, who insists on retaining possession despite its troubled history.
The painting found its way into the hands of De Dozsa's late husband, Baron de Dozsa, who purchased it in 1973 for a modest sum. Although it is now valued between £60,000 and £80,000, De Dozsa maintains her claim to ownership based on the Limitation Act 1980. This law suggests that someone who acquires stolen goods may become the legal owner if the purchase was unrelated to the theft and over six years have passed.
Christopher Marinello, an expert in art law, has been tirelessly working to persuade De Dozsa to return the artwork. He argues that there is a strong moral imperative to restore the painting to its rightful owner, especially since De Dozsa does not display it in her home.
“Her first argument was that when the British police gave her the painting back, they gave her good title. So I wrote to the police, and they sent her a formal letter saying ‘by no means do we convey title to the painting’.” – Christopher Marinello
In 2017, De Dozsa attempted to sell the painting through a regional auction house, unwittingly alerting someone connected to the Belluno museum. This development brought the painting's contentious background to light once more. However, due to delays caused by the COVID-19 pandemic, Italian authorities failed to provide necessary documentation to support their claim, leading British police to return the painting to De Dozsa in 2020.
“It’s a good question. It just shows the failure of law enforcement to help the Italians out. The UK police said that this woman didn’t commit a crime, so we’re not going to treat it as a criminal matter. It’s a civil case.” – Christopher Marinello
Despite being listed on police stolen art databases such as Interpol and the Italian Carabinieri, De Dozsa clings to the painting. Her stance is further strengthened by advice from Norfolk police and the UK Crown Prosecution Service (UKCA), who have concluded that the painting should remain with De Dozsa due to the lack of response from Italian authorities.
“Her husband could not have paid more than a couple of hundred back in 1973. It’s only worth maybe £60,000 to £80,000 now. She refuses to cooperate unless she gets paid the full value, but she can never sell the painting. No legitimate auction house will ever touch it … the Carabinieri have it on their database and will never take it off. As soon as that painting goes to Italy, it’s going to be seized.” – Christopher Marinello
The ongoing saga highlights significant challenges faced by international art recovery efforts. Despite previous successes in recovering other stolen artworks, such as a Matisse from Stockholm's Museum of Modern Art, Marinello finds himself entrenched in a legal quagmire.
“The fact that the painting has been given back to you doesn’t mean you have the title.” – Carlo Cavalli