Auction Law in France

The legal information presented in these pages offers some insight into the law in different jurisdictions but should not be acted upon without having consulted your own legal advisor.

In France, auction houses are strictly regulated under French law, and they cannot legally sell fakes as authentic works without liability. Here's how it works:

1. Legal Responsibility of Auction Houses in France

French auction houses (salles de ventes) are regulated by the Conseil des ventes volontaires (CVV), and they have legal obligations to ensure the authenticity of items sold. If an item is later proven to be a fake or misrepresented, the buyer generally has legal recourse.

Under Article L321-17 of the French Commercial Code, auction houses can be held liable for errors in the description of an item if it caused harm to the buyer.
If an expert was involved in authenticating the item, both the expert and the auction house may be held liable.

2. Refund and Legal Recourse

If you bought a fake item that was described as authentic:

You can request a refund through the auction house directly.
If they refuse, you can file a legal complaint (for misrepresentation, fraud, or breach of contract).
Buyers typically have up to five years to challenge a sale based on fraud or misrepresentation.

3. Exceptions or Complications

There are some nuances:

If the catalog clearly stated that the item was “attributed to” or “in the style of” a particular artist, this can reduce liability.
If the auction house acted in good faith, and the error was not due to negligence, the legal process may take longer or require expert testimony.

Bottom Line:

No, a French auction house cannot legally sell fakes as authentic and refuse a refund without risking legal action. If this happened to you, you likely have grounds for a legal complaint or refund demand.

Marcus Decree

The "Marcus Decree" (Décret n° 81-255 du 3 mars 1981) is a pivotal French regulation aimed at combating fraud in art transactions and collections. Named after its drafter, art expert Pierre-Richard Marcus, the decree establishes clear legal obligations for professionals in the art market regarding the authenticity and description of artworks. See also The Art Law Podcast

Key Provisions of the Marcus Decree

Authenticity Guarantee: Article 3 stipulates that any statement attributing a work of art to a specific artist, unless explicitly disclaimed, constitutes a guarantee that the artist is indeed the creator. This applies particularly in public auctions, where such declarations are material to the authenticity of the work. See also: University of Texas School of Law
Descriptive Terminology: The decree outlines that certain descriptive terms carry specific legal implications:
- "School of": Indicates that the artist was a pupil of or influenced by the named master.
- "Attributed to": Suggests that the work was executed during the artist's period, with serious indications that the artist is the likely author.
- Historical References: Using a title or denomination followed by a historical period or century warrants that the work was produced during that period. See also: ArtTrak.com
Reproduction and Copies: Article 8 mandates that any copy or reproduction of a work of art must be clearly described as such. Failure to do so can result in fines and confiscation of the work. See also:Gillesperrault.com.
Liability for Misrepresentation: Professionals who misrepresent the authenticity or origin of artworks can be held liable under both civil and criminal law. This includes potential annulment of sales and damages for buyers misled by fraudulent representations. See also: University of Texas School of Law.

Legal Impact and Enforcement

The Marcus Decree has significantly influenced French art law, particularly in cases involving misrepresentation of authenticity. For instance, in a 2005 case, the Cour de Cassation ruled that an auction house's description of a work as "signed and dated" constituted a guarantee of authenticity, and the subsequent discovery that the work was not by the attributed artist led to the annulment of the sale. See also: University of Texas School of Law

Despite its importance, the decree has faced challenges due to evolving art market practices and technological advancements. There have been calls for reform to address issues such as digital forgeries and the impact of artificial intelligence on art creation and authentication .See also: dreyfus.fr

Conclusion

The Marcus Decree remains a cornerstone of French legal protections against art fraud, holding professionals accountable for the authenticity and accurate description of artworks. Its principles continue to guide legal interpretations and enforcement in the art market, underscoring the importance of transparency and honesty in art transactions.