In the WELT of 13.10.2018 RA Dr Hannes Hartung comments on the spectacular auction of Banksy's "Girl with balloon".
Immediately after the award, the picture was cut into strips by a shredder integrated in the frame. RA Dr. Hartung on this:
"What is and what is the intended use of a Banksy?" asks lawyer Hartung, who basically recognises a material defect here, a term that exists in German as well as British civil law: "But the supposed defect of a half-destruction of the Banksy itself becomes a work of art, a performance and a happening." From a purely legal point of view, the picture might even become more valuable, "a performatively ennobled super-unique".