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ARP SUCCESSION : A LEGAL MESS
01 October 1999


Experts have been arguing over the value of 114 plaster works as well as 32 reliefs by Swiss artist Jean Arp which were seized by French customs on their way to Germany three years ago.

The debate has been centering over the value of each plaster as any sculpture worth over US $ 58,000 needs an export cxertificates from the French Culture Ministry.

There has been a long feud going between the rival French and German Arp foundations over the artist's estate.

There were 19 plasters produced before 1949 among those seized and according to new regulations any piece over 50 years of age now needs an export licence if its value exceeds US $ 58,000.

The problem is to determine the real value of each plaster which was not destined to be sold while the Culture Ministry has asked for a full investigation to verify whether the entire collection had any historical importance, meaning that the bulk of the collection would be considered as national treasure since its sheer value would exceed US $ 58,000.

French customs have retained the suggestion of the ministry and a court in Valenciennes, Northern France, will have to take a decision that will bear much significance regarding future similar cases.

However the experts appointed to resolve the matter have not reached an unanimous decision regarding the values of the plasters. Without any firm price reference, they thus feel at a loss. According to the report made by two experts, these plasters have been estimated between US $ 1,000 and 20,000 each but a third has disagreed over such estimates. According to the latter, three pieces out of 19 have been valued at over US $ 58,000 each.

The 19 pieces have been valued at US $ 127,000 by the two experts and at US $ 640,000 by their other colleague who stressed that a piece, similar to one seized by French customs and only estimated US $ 2,500, was sold at auction in London for US $ 21,800 last July.

The two experts said they based their estimates on certain auction sales during which most plaster sculptures by Arp remained unsold. They added that such pieces were only models used by founderies for the production of bronzes and could not be considered as truly achieved works as these were not intended to be sold on the market.

The third expert, who stressed that his gallery had closely followed Arp's career between 1947 until his death in 1966, has rejected such considerations objecting that Arp did not want to sell these plasters to avoid the production of abusive bronze casts. Still, the artist considered these plasters as true works of art beside the fact that he liked to use plaster for his creations notwithstanding the fact that for Arp plaster works were the authentic representation of his feelings.

The problem is mainly subjective between the three experts whose authority has been challenged by the counsel of the German foundation who argued that they had no legal role in that matter.

The two experts opposed to their colleague do not believe that the 119 pieces and the 32 reliefs constitute a collection of historical significance and stressed that only a few plasters were worthy of interest.

Another problem is to determine whether a collection of historical significance has some market value, a point of view put forward by the third expert who pinpointed that such collection had a great value as Arp was a major 20th Century artist. Now a final solution rests on the shoulders of the French magistrates in charge of that matter.

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