Slavic Epic does not belong to Prague, did not meet the condition, the court ruled

Prague – Prague is not the owner of the cycle of paintings Slavonic Epic, the District Court for Prague 1 decided today, agreeing to a lawsuit from a relative of the painter Alfons Mucha regarding ownership determination. The ruling is not yet final, and the city will appeal against it. The painter's relative, John Mucha, claims that Prague never became the owner of the paintings because it did not fulfill the author's condition of building a separate exhibition space for the canvases. The cycle consists of 20 large canvases that Mucha painted over 18 years starting in 1910.

"Since no hall has been built to this day, the condition was not fulfilled, and the donation must have become ineffective. The gift could never pass to the recipient, and the Slavonic Epic had to remain in the ownership of Alfons Mucha until his death," said Judge Marie Tvrdková, adding that ownership then passed to Mucha's wife, Marie, who died in March 1959.

According to the judge, Prague could not even acquire the paintings through "usucapio," that is, gain them by possessing them in good faith believing they belonged to it. "Since the condition (of building a hall) was not fulfilled, usucapio could never occur," she stated. Moreover, Prague, according to her, mentioned in its documents the creation of an exhibition hall. "It always kept it in mind and sought suitable locations, so we cannot say that it was in good faith believing that the Slavonic Epic could belong to it without fulfilling the condition that was agreed upon at the beginning," the judge added.

The city disagrees with the ruling, according to Prague city hall spokesperson Vít Hofman, and will file an appeal. "In general, it is a very complex and mainly historical relationship between the city and these canvases, which originated about a hundred years ago, and events such as world wars, crises, and imposed totalitarian regimes have intervened before a permanent place for the epic could be built," he stated. He added that it is not a mistake of current Prague, whose leadership is working on a permanent solution for the space for the canvases.

If the appeals court confirms today's decision, the paintings will not automatically go to John Mucha. According to his lawyer František Vyskočil, it will be necessary to reopen the inheritance proceedings, in which John Mucha and his half-sister Jarmila Mucha Plocková would be the legal heirs.

Mucha did not attend today's proceedings, but Vyskočil stated after the verdict that the painter's relative wants the paintings to remain in Prague. "He wants the Slavonic Epic to stay in Prague because his grandfather dedicated it to Prague, and for a dignified exhibition to be created, representing not only the Slavonic Epic but also the work of Alfons Mucha in a dignified manner," said the lawyer.

The paintings are currently in the depository of the Gallery of the Capital City (GHM). Last October, Prague approved that the cycle would be lent to the castle in Moravský Krumlov for five years, where the paintings were exhibited until 2011. According to the latest information, the paintings could be transported to the castle in the spring of next year.

Mayor of Moravský Krumlov Tomáš Třetina (TOP 09) said in response to the court's decision that he still needs to gather all information. "We are fine-tuning the lending contract with the Gallery of the Capital City of Prague, so we need to find out what the court's decision means for us. We have already launched a trial operation, and the necessary temperature and humidity in the space are starting to stabilize," said the mayor.

Prague has not decided where to build a hall for the paintings; several options are being considered. In September, the Institute of Planning and Development (IPR) selected Pankrácké náměstí, the building of the Savarin Palace in Prague 1, or the ice houses in Braník as the most promising. The city is also considering the Vyšehrad railway station, but the building is not owned by Prague and is in poor condition.

"The capital city is probably the only entity that can take care of this work properly, not only from a professional and financial viewpoint," stated Jan Wolf (KDU-ČSL), chairman of the Prague Culture Committee. He added that the value of the cycle is estimated at ten billion crowns, which corresponds to the amount of the insurance. "For that reason alone, I believe the court will accept the city's arguments and confirm that Prague owns the Slavonic Epic," he believes.

The District Court began examining Mucha's lawsuit in January 2017. It dismissed it then, and this decision was upheld by the appellate court. However, the Supreme Court annulled the rulings in May two years ago. The court began to resolve the lawsuit again six months later. The judge stated today that she expressed her legal opinion in her previous decision but was now bound by the resolution of the Supreme Court.

The city argued that the condition of building exhibition spaces is not a legal obligation that conditions the donation of the paintings. Prague representative Roman Felix told reporters after the hearing today that the city will appeal the ruling. "The judge conducted new evidence and could not overlook the conclusions of the Supreme Court, although we believe that in this case there has not been a correct application of the Supreme Court's conclusions and the subsequently presented evidence," Felix added.