Public auctions of movable property are governed by this Title, subject to the provisions specific to the sale of certain intangible movable property. Sales of edibles and objects of little value, at public cry, are free. .
Public auctions are sales involving a third party, acting as agent for the owner or his representative, to offer and award an item to the highest bidder following a competitive bidding process that is open to the public and transparent. The highest bidder acquires the property awarded to him; he is required to pay the price. Except for special provisions and the case of sales conducted in a purely private…
Subject to the provisions of Article L. 322-8, voluntary sales of furniture by public auction may relate to new or second-hand goods. These goods are sold retail, by lot or wholesale, i.e. in sufficiently large lots that they cannot be considered to be within the reach of the consumer. Wholesale sales may only involve new goods from a company’s stock. When new goods are offered for sale by the trader…
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…
The act of offering, acting as the owner’s agent, an item of property by remote public auction by electronic means in order to auction it to the highest bidder constitutes a sale by auction by electronic means, subject to the provisions of this chapter. The mere fact that a confirmation, in accordance with the provisions of article 1127-2 of the Civil Code, is required has no bearing on the classification…
Only operators meeting the conditions defined in this article may organise and conduct voluntary sales of movable property by public auction and electronic auctions. I.-If a natural person, the operator of voluntary sales of movable property by public auction must: 1° Be French or a national of a Member State of the European Union or another State party to the Agreement on the European Economic Area; 2° Not have been…
Continuing professional training is compulsory for natural persons who manage voluntary sales of furniture by public auction, within the meaning of article L. 321-9. The Conseil d’Etat decree provided for in article L. 321-38 sets the nature and duration of the activities that may be validated under the obligation mentioned in the first paragraph of this article.
I.-When organising or conducting voluntary sales of furniture by public auction, the operators mentioned in article L. 321-4 act as agents for the owner of the property or its representative. The mandate shall be drawn up in writing. Operators of voluntary sales of furniture by public auction mentioned in the same article L. 321-4 shall take all appropriate measures to ensure the security of the voluntary sales by public auction…
The operators referred to in Article L. 321-4 must provide evidence of: 1° The existence in a credit institution of an account intended exclusively to receive funds held on behalf of others; 2° Insurance covering their professional liability; 3° Insurance or a guarantee guaranteeing the representation of the funds mentioned in 1°. Any information relating to the nature of the financial guarantees provided for in 1° to 3° shall be…
The operators mentioned in Article L. 321-4 provide the Conseil des Maisons de Vente with all relevant details concerning the premises where exhibitions of furniture offered for sale and public auction sales are usually held and the infrastructure used in the case of electronic auctions. When the exhibition or sale takes place on other premises, or remotely by electronic means, they shall notify the Council in advance. They shall also…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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