The Marcus Decree is one of the foundational texts of the French art market. Although adopted in 1981, it remains central to the description of artworks and collectibles, to auction practice and to disputes concerning authenticity, attribution, period and restoration.
Why the Decree still matters
The Decree No. 81-255 of 3 March 1981 was designed to reduce ambiguity in transactions involving artworks and collectibles. Its logic extends beyond public auctions: it helps define the meaning of statements made by sellers and intermediaries about the object being sold.
Alexis Fournol described it in Interencheres as both a fundamental legal tool of the art market and a framework requiring professionals to use rigorous descriptions while defining the limits of what buyers may reasonably expect.
Authorship and attribution are organised by degrees of certainty
The Decree distinguishes between an unqualified attribution to an artist, qualified attributions such as “attributed to”, connections with an artist’s studio or school, and descriptions that merely indicate style or manner.
This hierarchy matters because French contract law recognises that a party may accept uncertainty. When the catalogue uses a qualified term with a defined meaning, the buyer’s expectations must be measured against that qualification rather than against an absolute assumption of authorship.
The Decree also addresses period and alterations
The text is not limited to authorship. It also addresses the relationship between the description of an object and its period, as well as certain alterations affecting its original state. Alexis Fournol examined this aspect in a separate Interencheres article on restorations and auction catalogue descriptions.
Restoration is common in the life of artworks and objects. The legal issue arises when the extent or nature of an intervention is inconsistent with the description under which the object was sold or with the expectations legitimately created by that description.
The Decree interacts with general contract law
The Marcus Decree does not operate in isolation. Authenticity disputes are also governed by the Civil Code rules on consent, mistake and fraud. Articles 1132 and 1133 are particularly important where a buyer seeks annulment because the work does not possess an essential quality agreed at the time of sale.
The Decree helps identify what that quality was. A catalogue entry can therefore become one of the most important documents in the litigation file.
Practical implications for professionals
Descriptions should match the level of certainty actually supported by the available information. A stronger attribution should not be used simply because it improves commercial presentation. Conversely, a vague or excessive reservation can create its own difficulty if it obscures rather than clarifies the professional’s position.
The same discipline applies to certificates, invoices, online listings, condition reports and post-sale correspondence. In later litigation, the court may reconstruct what the buyer was told from the transaction record as a whole.
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.
Earlier analysis by Alexis Fournol: Interencheres – the Marcus Decree and Interencheres – restorations in auction catalogues.
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 · Insights
Frequently Asked Questions
Does the Marcus Decree only apply to auctions?
No. Its relevance extends beyond public auctions to sales of artworks and collectibles more generally.
Does the Decree guarantee authenticity?
It defines the legal significance of descriptions and attribution terminology. Whether a particular sale involved a guarantee depends on the wording used.
Does the Decree concern restoration?
Yes. It also addresses certain characteristics and alterations affecting the original state of an object.
Why is it important in litigation?
Because the description used at the time of sale helps establish the essential qualities contractually promised and the uncertainty, if any, accepted by the buyer.
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.
