Authenticity is one of the most sensitive legal issues in the art market. A change of attribution, a negative opinion from a recognised specialist, a scientific analysis or the refusal of an auction house to offer a work can affect both value and marketability. In France, these disputes sit at the intersection of contract law, auction law, evidence, expert practice and the specific rules governing descriptions of works of art.
Authenticity disputes rarely depend on one piece of evidence
There is usually no public register capable of establishing authorship conclusively. The analysis may instead involve provenance, archives, stylistic comparison, technical examination, scientific testing, signatures, materials, exhibition history, prior publications and the opinions of specialists.
The weight attached to each element depends on the artist, the type of work and the dispute. A certificate may be persuasive without being conclusive. A catalogue raisonné can carry major market authority without constituting a judicial determination. A court-appointed expert may reach a conclusion that differs from the view of a specialist who dominates the market for a particular artist.
The Paris Court of Appeal decision of 4 February 2025 illustrates this complexity. A recognised specialist had rejected an aquarelle, partly because of concerns about provenance. A subsequent judicial expert re-examined the provenance and stylistic evidence, and the work was ultimately intended for inclusion in an updated catalogue raisonné. The case is a useful reminder that authentication evidence can evolve.
The wording used at the time of sale is essential
French law attaches particular importance to the description under which an artwork was sold. The Decree of 3 March 1981, commonly known as the Marcus Decree, establishes a vocabulary for the sale of works of art and collectibles and defines the legal significance of expressions such as “by”, “attributed to”, “studio of”, “school of” and “style of”.
The contractual description determines what the seller or intermediary represented and, equally, what uncertainty the buyer accepted. Under Article 1133 of the French Civil Code, acceptance of a risk concerning an essential quality excludes an error relating to that same quality. This can be decisive where catalogue wording expressly preserves attributional uncertainty.
Potential remedies depend on the transaction
Depending on the facts, a buyer may consider annulment for mistake as to an essential quality, a claim based on fraud, or an action in liability against a seller, auction house or expert. The legal basis should not be selected in the abstract: it depends on the wording of the sale, what was known at the time, the identity and professional status of the parties and the evidence that emerged later.
For auction sales, Article L. 321-17 of the French Commercial Code specifically addresses the liability of auction operators (auction house) and the experts assisting them and provides a five-year limitation period for civil liability actions arising from appraisals and auctions. Other causes of action may be governed by different rules.
International files require early coordination
A work may have been bought in Paris, examined in London, consigned in New York and rejected by a foundation based elsewhere. Jurisdiction and applicable law therefore matter alongside the substantive authenticity issue.
Where title or provenance questions arise alongside authenticity, our separate guide to Art Provenance and Ownership Claims in France provides a complementary analysis. Foreign collectors and foreign counsel should avoid assuming that one negative opinion automatically determines the legal outcome in France.
About the author
An article written by Alexis Fournol, Attorney at Law and Partner at Fournol & Associés.
Alexis Fournol advises and represents auction houses, galleries, dealers, experts, collectors, artists and artist estates in authenticity, attribution and art-market disputes. He also regularly works with foreign lawyers on French-law aspects of cross-border art matters.
How Fournol & Associés can assist
Fournol & Associés regularly advises and represents clients in authenticity, attribution and expert-liability matters involving artworks and collectibles. The Firm has handled, and is currently handling, several matters involving disputed authenticity, auction descriptions, expert opinions, provenance and judicial expertise.
Our practice combines art-market knowledge with French contract law, auction law, civil liability, evidence and procedure. We may intervene at the pre-contentious stage, during expert and documentary analysis, in negotiations and in proceedings before the French courts. In cross-border matters, the Firm can act as French counsel alongside the client’s existing foreign legal team.
Related reading
Art Market · Art Provenance and Ownership Claims in France · Artwork Ownership Claims in France
Frequently Asked Questions
Can a French court decide whether an artwork is authentic?
A French court may have to assess authenticity when deciding a contractual or liability dispute. It can appoint a judicial expert, but the legal consequences depend on the claim before the court.
Does a negative expert opinion automatically invalidate a sale?
No. It may create a serious doubt, but the court examines the contractual description, the evidence as a whole and the applicable legal basis.
Is a catalogue raisonné conclusive proof of authenticity?
No. Inclusion or exclusion can have major market significance, but a catalogue raisonné is not itself a judicial determination of authenticity.
Should foreign counsel involve French counsel early?
Where the sale, auction house, defendant, evidence or contemplated proceedings have a French connection, early French-law analysis can help preserve evidence, assess limitation periods and identify the appropriate claim.
This publication provides general information only and does not constitute legal advice. The applicable law, evidence, procedural options and limitation periods must be assessed in light of the facts of each case.
