ERROR AND SALE OF ART AND SALE OF ERROR MARE
Supreme Court of Appeal
Civil Division 1
|Public hearing on April 3, 2002||Cassation.|
Appeal No.: 99-16444
Published in the Newsletter Chair: Mr. Lemontey. Rapporteur: Mr. Gridel. Attorney General: Mr. Roehrich. Lawyers: Mr. Delvolvé, CPA Celica, Blancpain and Soltner, M. Pradon.
ON BEHALF OF THE FRENCH PEOPLE
The unique way, made its first branch:
See section 1110 of the Civil Code, together with Article 3 of the Decree of 3 March 1981;
Under the terms of the second of these texts, for the sale of works of art, giving the name of the artist immediately following the designation of the work involves, in the absence of express reservation, the guarantee the authenticity of the work;
Whereas, to dismiss the action of Mr. Taieb, purchaser, for nullity of the sale of a table in the catalog with the words; “Adolphe Monticelli (1824-1886)” The Queen and her next three in a park ” H / B 38 x 50. This table bearing a signature Monticelli does not have a certificate of Mr. Sauveur Stammegna. It is sold only with a certificate of authenticity by Mr. Di Genova Alauzen “the judgment states that these information are not ambiguous enough to mislead and can say that a purchaser could not fairly careful in their reading, that awareness of uncertainty as to the authenticity of the picture, so that the acquisition involved a risk;
Expected that by thus determining, while references to the catalog does not reflect any express reservation about the authenticity of the work, the Court of Appeal violated the above documents;
For these reasons, and without any need to rule on other parts of the plea:
Quashed, in all its provisions, the decision of April 22, 1999, between the parties, the Court of Appeal of Aix-en-Provence; shall, therefore, the cause and the parties in the state where they were before the judgment and to be granted, the returns to the Court of Appeal of Nîmes.
Publication: Bulletin 2002 I No. 111 p. 86 The contested decision: Court of Appeal of Aix-en-Provence, 1999-04-22