For many modern and contemporary artists, the opinion of an estate, foundation or authentication committee can determine whether a work remains commercially saleable. A negative opinion can therefore have substantial practical consequences even when the body issuing it has no legal monopoly on authenticity.
Market authority and legal authority are not the same thing
Auction houses, galleries and collectors may treat the opinion of a particular estate or foundation as decisive for commercial reasons. French law nevertheless distinguishes market authority from legal monopoly.
The Paris Court of Appeal decision of 4 September 2025 expressly stated that authentication is the expression of an opinion and is exercised without monopoly. A foundation’s view may therefore dominate market practice without becoming legally binding on a court or every third party.
The estate’s role depends on how it is organised
An artist estate may manage copyright, moral rights, archives, scholarly research, a catalogue raisonné or an authentication committee. These functions should not be conflated. The legal analysis depends on what the body actually does and on the terms under which the work was submitted.
For professionals advising an estate, the governance of authentication and scholarly functions should also be separated clearly from commercial interests where possible.
A negative opinion should be analysed before it is challenged
The first step is to identify what exactly has been issued: a refusal to certify, a refusal of inclusion, a statement that the work is false, a non-conclusive opinion, or simply a refusal to consider the work. These positions do not necessarily create the same legal or market consequences.
The submission agreement and committee rules should also be reviewed. In the 2024 Wildenstein Plattner Institute litigation, the contractual framework was part of the court’s analysis of whether pre-action expertise was justified.
Judicial expertise may remain relevant to another dispute
If the owner is challenging the original sale or pursuing an auction house, the estate’s negative opinion may form part of the evidence and a judicial expert may be useful in that separate dispute.
The distinction is crucial: expert evidence may help determine whether a buyer contracted under a mistake, while the same evidence may still be insufficient to compel an independent foundation to alter its own scholarly opinion.
Owners and estates both need a procedural strategy
For owners, litigation should not be launched solely to obtain symbolic recognition if the proposed remedy cannot alter the practical position. The objective – sale cancellation, damages, evidence preservation, provenance clarification or re-examination – should be identified first.
For estates and committees, clear submission procedures, documented decision-making, appropriate wording and separation between scholarly, copyright and commercial functions can reduce the risk of disputes.
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.
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Frequently Asked Questions
Does an artist estate have the final legal word on authenticity?
No. Its opinion may carry major market authority, but French case law does not treat authentication as a legal monopoly.
Can I force an estate to issue a certificate?
Recent French case law strongly protects freedom of authentication opinion. The precise contractual and factual context should be reviewed before any procedure is contemplated.
Can I still challenge the original seller if the estate rejects the work?
Potentially. A sale dispute is legally distinct from an attempt to force the estate or committee to authenticate the work.
Can Fournol & Associés advise artist estates as well as collectors?
Yes, subject to conflict checks in each individual matter. The Firm advises art-market professionals, collectors and artist estates on authenticity and related disputes.
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.
