This Article explores private law as an alternative approach to these and similar disputes, discussing whether the fossils are the property of Brazil and could, therefore, be claimed in an action for restitution under German law. [...] In both cases, German researchers and institutions resorted to a similar line of argu- mentation that defended the presence of the fossils in Germany. [...] The Kulturgüterschutzgesetz explicitly limits its temporal application in a way that excludes the import of the “Ubirajara” fossil, and the 1970 UNESCO Convention as an international treaty does not apply retroac- tively (Art. [...] Greek law vests ownership of antiquities in the state and penalizes their appropriation. [...] This, in turn, raises the question of whether Brazil might have lost title to it later, either through a good faith purchase by the museums or through acquisitive pre- scription. [...] 308 Paul Philipp Stewens Published online by Cambridge University PressThis principle is typically subject to a public policy reservation that relieves a forum state from the obligation to apply foreign substantive law if its outcome is incompatible with the fundamental ideas and values of its legal order.92 Art. [...] However, Brazil could rely on claiming ownership over all fossils found on its territory and subjecting their exportation to an official authorization as evidence of a permanent export; therefore, the export of the “Ubirajara” specimen is inconsistent with Brazilian legislation and policy. [...] There is a strong indication that, by failing to research and recognize the legal implications of the fossils’ provenance, they violated their due diligence obligation and hence cannot be considered to have acted in good faith. [...] With respect to “Ubirajara,” it is doubtful whether it can prevail in the face of this challenge. [...] The statute of limitation would only be available as a defense to the SMNS; the SMNK could not rely on it.
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