Helene Cohen

Profile

Hélène Cohen practices in England as a European Lawyer and is Avocat à la Cour, member of the Paris Bar. Her interest in both art and law has led her to develop her legal practice in the art market where she has advised and represented collectors; artists and their successors; art historians; owners lending their work of art to Museums for exhibitions; individual buyers and sellers; art dealers and galleries.

Hélène Cohen also specialises in the area of French legal aspects of international trade in art, and consequently deals with issues arising under French law and/or which can be brought before French jurisdiction.

Experience

Art and copyright law.

Moral rights of the artist and his successors in the area of painting and sculpture.

Moral rights of the artist and his successors in the context of publications of work previously non-disclosed by him to the public.

Liability of authors of “Catalogues Raisonnés” towards the artist whose work is recorded and towards third parties. 

The distribution of liability for art sales performed through Auction Houses.

Limitation of action regarding the sale and/ or purchase of a work of art.

Claims of rescission of a sale/purchase contract.

The duty of diligence as regard provenance and authenticity.

Procedural use of expert opinion in the matter of dating and authenticity.

Cross border movement of art and French export laws.

The recovery of looted art.

Donations of works of art to state institutions and Churches.

Lending of works of art to Museums.

Her legal practice has involved works of art of some great artists such as Auguste Rodin, Francis Picabia, Alberto Magnelli, Jean Arp, Peter II Brueghel dit d’Enfer, Fernand Leger, Jean Michel Atlan, and Otto Gutfreund.

Research and teaching

She has strong academic interests, including experience teaching at the Law Faculty of King’s College, London, and at the London School of Economics (LSE) where she taught French law (during the academic year 1990-91).

In the media

1991 Conseil d’Etat (ELR, N°2, 1991) published an article on the convergence between its decisions and those of the Court of Justice.

1993 Conseil d’Etat (ELR, N°3, 1993) published an article on the ratification process of the Treaty on European Union in France.

1995 Handbook for Practioners: “The Legal Profession in New Europe” published an article entitled The French Legal Profession (Authors Hélène Cohen and Me Pierre Sanglade)

1997 Construction Law Review published an article entitled French Construction Law: A Comparative Approach.

In June 1995, Hélène participated in a documentary produced by the BBC Legal Network television on French civil procedure, and in particular on differences between civil procedure in the English and French systems.

Hélène Cohen has been the French correspondent of the European Law Review edited by Sweet and Maxwell, for ten years (from January 1991- until September 2001)

Memberships

Member of the Paris Bar since 1984

Associate member of Tanfield Chambers since 1996 

Registered at the Bar Council’ s register of European Lawyers since 2001

Member of Gray’s Inn

Qualifications

Certificat d’Aptitude à la Profession d’Avocat (Nov.1983)

Diplome d’Etudes approfondies de Droit pénal (Nov.1980, Université Paris X)

Maitrise de Droit Public, International et Européen (Oct.1979, Université Paris X)

Licence de Droit Public (Oct.1978, Université Paris X)