In a French auction, the catalogue is not merely a marketing document. Its wording can define the qualities guaranteed to the bidder, the uncertainty accepted by the buyer and the standard against which the auction house’s diligence will later be assessed.
The auction catalogue fixes the contractual starting point
The Marcus Decree gives legal meaning to attribution terminology. An unqualified artist name, an “attributed to” formula and a “style of” description do not carry the same consequences.
The court may also examine condition reports, certificates, amendments announced before the sale, correspondence and the terms of sale. The transaction file should be read as a whole.
Auction houses and experts have statutory responsibility
Article L. 321-17 of the French Commercial Code provides that auction houses and the experts assisting them in the description, presentation and valuation of property incur responsibility in connection with appraisals and auctions. It also prohibits clauses excluding or limiting the relevant statutory responsibility.
The same provision establishes a five-year limitation period from the auction or appraisal for the civil liability actions it covers.
The 1 April 2025 Paris decision is particularly useful
In its decision of 1 April 2025, the Paris Court of Appeal examined a sale in which a piece of furniture had been presented without reservation as authentic. The court scrutinised the reliability of the certificate relied upon, the stated provenance and the professional diligence preceding the guarantee.
The decision is important not because it imposes one universal due-diligence checklist, but because it shows that the reasoning and verification process behind an unreserved attribution can itself become a subject of judicial scrutiny.
Provenance and authenticity should not be treated as separate silos
A provenance gap does not automatically prove that a work is false. But weak or inconsistent provenance can affect the level of caution required before a strong attribution is published. The relationship between provenance and title is discussed separately in our English guide to art provenance and ownership claims in France.
In authenticity disputes, provenance often performs a different evidential function: it may corroborate or undermine the attribution, explain earlier specialist opinions or reveal inconsistencies requiring further investigation.
Changes before the sale should be documented
If new information emerges after publication of the auction catalogue, the auction house should consider whether the description requires correction or reservation and ensure that bidders receive the revised information appropriately.
From a litigation perspective, the record of what changed, when it changed and how the information was communicated can later become as important as the original catalogue entry.
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
Is an auction catalogue legally important in France?
Yes. The catalogue description forms an important part of the transaction and can define the qualities represented to the buyer, subject to valid corrections or reservations.
Can auction terms exclude all liability for authenticity?
No. Article L. 321-17 prohibits clauses that exclude or limit the relevant statutory responsibility of auction houses and assisting experts.
Does a certificate protect the auction house from liability?
Not automatically. The reliability of the certificate and the professional’s own diligence may still be examined.
How long is the limitation period for auction liability?
Article L. 321-17 provides a five-year period from the auction or appraisal for the civil liability actions covered by the provision.
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.
