Commentary

118 Conditional gifts

BAILMENT vol 3(1)
| Commentary

118 Conditional gifts

| Commentary

(d) Loans subject to trust or conditions

118 Conditional gifts

A donor of a work of art to a museum or other institution may seek to impose conditions restricting the lending of works of art to other individuals or institutions1. It appears that certain types of condition can be attached to inter vivos gifts2. Where a gift of a work of art is made on the condition that it is not used in a certain way, for example by being loaned, it may be either a conditional gift or a transfer in trust3.

The Museums Association’s Code of Ethics:

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