Experts play a central role in the art market, but the legal consequences of an incorrect attribution depend on the expert’s precise role. An expert assisting an auction house, an independent specialist advising a collector, an artist estate issuing opinions and the author of a catalogue raisonné do not necessarily owe the same duties or face the same causes of action.
Start with the expert’s legal role
The first question is contractual and factual: who instructed the expert, for what purpose, and what was the scope of the assignment? A valuation for insurance, an attribution for sale, an auction-house expert opinion and a scholarly catalogue project have different functions.
The language of the opinion also matters. A firm certificate of authenticity is not equivalent to a cautious attribution or an opinion expressly limited by incomplete information.
Auction experts are expressly addressed by statute
For public auctions, Article L. 321-17 of the French Commercial Code expressly refers to experts assisting auction houses in the description, presentation and valuation of property. Their responsibility can therefore be engaged in connection with the auction, subject to the applicable facts and legal requirements.
The provision also prohibits clauses seeking to exclude or limit the relevant statutory responsibility and sets the five-year limitation period applicable to the civil liability actions it covers.
The standard is not perfection, but diligence matters
An expert is not necessarily liable merely because later scholarship changes an attribution. Art history evolves, archives emerge and accepted views can change.
Liability analysis focuses on the work actually undertaken: the information available, inconsistencies that should have been investigated, the degree of caution used and the methodology appropriate to the assignment. The 1 April 2025 Paris Court of Appeal decision is useful because the court examined the diligence surrounding a guaranteed attribution and the reliability of the supporting provenance and certificate.
Catalogue authors and authentication bodies occupy a different position
French case law has developed strong protection for the intellectual freedom of catalogue raisonné authors. The Court of Cassation decision of 22 January 2014 held that refusing to include a work in a catalogue raisonné, even if the work is authentic, is not in itself wrongful absent a special rule.
The Paris Court of Appeal decision of 4 September 2025 applied that reasoning to a foundation’s refusal to authenticate and include a work, emphasising that authentication is an opinion protected by freedom of expression and is exercised without legal monopoly.
That line of authority should not be confused with the duties of an auction expert or contractual expert retained to perform a defined professional task.
Documentation is the best protection
Experts should preserve the materials reviewed, the assumptions made, the limits of the opinion and any reservations communicated. A documented process does not prevent disagreement, but it makes later judicial assessment more precise.
For clients, the same record helps distinguish a legitimate difference of expert opinion from a potentially actionable professional failure.
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
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Frequently Asked Questions
Is an expert liable whenever an attribution is later rejected?
No. A later change of scholarly opinion does not automatically establish fault. The expert’s role, methodology, information and wording must be assessed.
Are auction experts subject to special rules?
Yes. Article L. 321-17 expressly addresses experts assisting auction houses and provides a specific liability framework and limitation period.
Can a catalogue raisonné author be sued for refusing inclusion?
French case law strongly protects the author’s freedom to refuse inclusion. The precise facts and proposed cause of action must nevertheless be reviewed individually.
Should an expert keep the research file?
Yes. Preserving the evidence reviewed, methodology, reservations and correspondence can be important if the opinion is later challenged.
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.
