Voluntary sales of furniture by public auction are, except in the cases provided for in Article L. 321-36 organised and conducted under the conditions provided for in this chapter by operators practising on an individual basis or in the legal form of their choice.
When they meet the training conditions laid down by regulation, notaries may also organise and conduct these sales, with the exception of voluntary sales by public auction of wholesale goods, in municipalities where there is no established office of judicial commissioner. They carry out this activity on an ancillary basis as part of their office and in accordance with the rules applicable to them. This ancillary nature is assessed in the light of the results of this activity in relation to the office’s total income, the frequency of these sales, the time devoted to them and, where applicable, the overall volume of voluntary sales of furniture by public auction carried out within the jurisdiction of the tribunal de grande instance. They may only be commissioned by the owner of the goods.
Except in the cases provided for in Article L. 321-36, the designation “sales by public auction” is reserved for sales organised and carried out by the persons mentioned in this Article.
Any other use of this designation is subject to the penalties provided for in article L. 121-6 of the Consumer Code.