Seized from a yacht moored in Corsica, Picasso's painting "Head of a Young Woman" is currently a bone of contention, as multiple claims are being made for the ownership of the masterpiece. Estimated at 25 million euros, Pablo Picasso's painting may well end up in Madrid's Reina Sofia Museum, rather than go on display in Malaga's Picasso Museum. The latter is one of the most visited cultural tourist attractions in Malaga, drawing even holidaymakers from as far as Marbella, Estepona and Torremolinos to the permanent exhibition of Picasso's work.
Currently the painting's owner, Spanish banker Jaime Botin, is strongly arguing against the painting's removal to Madrid. However, Malaga's Picasso Museum is another claimant in this art historian mystery and sorry tale of greed.
The painting dates back to 1906 and is one of the very few works Picasso created during his Gósol period. Experts state that they detect a clear influence by "Iberian sculpture and modelling". As a decisive work in the history of cubism, the painting is classed as a national treasure.
For the past 3 years, Botin has been trying to sell the painting. Auction House Christie's contacted the Culture Ministry in Spain on behalf of the painting, asking for a license to export the painting from Spain to London. The Ministry, however, turned down the application, arguing that there is no similar artwork of this quality of the artist's work on Spanish soil and therefore the painting was classed as Spanish heritage and is not permitted to leave the country. An appeal from the owner was also turned down. As an "exceptionally important" artwork by Picasso, this painting would never be permitted to leave Spain.
The owner's lawyers have argued that Botin bought the painting in London's Marlborough Gallery in 1977 and therefore the painting is not Spanish but British, making it subject to British, not Spanish law.
Picasso Museum Malaga's Claim
Since February 2007, the Picasso Museum in Malaga has had custody of the artist's "Retrato de Paulo con cuello blanco" and "Retrato de Olga", which the Ministry of Culture had purchased from Unicaja. They had received the paintings as part payment for taxes owed by Christine Hutin, Picasso's stepdaughter. The Ministry subsequently placed the artworks into the capable hands of the Picasso Museum in Malaga.
According to Spanish legislation, illegally imported goods that by rights form part of Spanish heritage become state property. Museum's authorities reasoned that the "Head of a Young Woman" may well be permanently confiscated from Botin, in which case the Malaga museum would stake its claim and have a very good chance of getting their wish granted.
Reina Sofia Museum Madrid's Claim
Tourists visiting Andalusia would probably much rather see works by Pablo Picasso on show in Malaga, a city rapidly becoming one of Europe's great cultural destinations for art lovers. The much-disputed painting is currently sitting in storage in Madrid and will remain so until a judge says whether Botin can have it back or whether it is property of the state. Interestingly, the painting was transferred to the Reina Sofia museum, not the Prado. The reason for this is the artist's year of birth. Pablo Picasso was born in Malaga in 1881, which would make the final destination for "Head of a Young Woman" the Reina Sofia Museum, which houses already 31 of the artist's paintings, including what many experts regard his greatest masterpiece, the "Guernica" completed in 1937.
Foreign or Home-grown Art?
The tricky legal question remains, if the painting is indeed a "national treasure" and state property or a work of art that, according to Botin's lawyers, " was painted on foreign soil, was bought on foreign soil and has been permanently domiciled abroad...so it could not have been exported, either legally or illegally".
Javier García Fernández, professor of Constitutional Law, points out that it was Botin himself, who instructed Auction House Christie to apply for an export license. Why do so, he argues, if Botin was convinced the artwork was not national heritage according to Spanish law?
Whatever the outcome with respect to the location, it is highly unlikely that Botin will ever receive his painting back. Malaga's Picasso Museum might still be hoping for a miracle, but in Madrid the Reina Sofia Museum is already brimming with confidence: watch this space!