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Section 3: Experts involved in voluntary sales of furniture by public auction

Article L321-29 of the French Commercial code

The operators of voluntary sales of furniture by public auction mentioned in Article L. 321-4, bailiffs and notaries may, under their sole responsibility, enlist the help of experts, whatever their appellation, to assist them in the description, presentation and valuation of property put up for sale. The public is informed of the involvement of experts in the organisation of the sale.

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Article L321-30 of the French Commercial code

Any expert acting for consideration in connection with a sale of furniture by public auction is required to take out insurance covering his professional liability. He is jointly and severally liable with the organiser of the sale in respect of what falls within the scope of his activity. All information relating to the nature of the cover provided for in the first paragraph shall be made available to the public.

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Article L321-31 of the French Commercial code

The organiser of the sale shall ensure that the expert whose assistance he enlists complies with the obligations and prohibitions respectively set out in the first paragraph of Article L. 321-30 and to Article L. 321-32. It informs the public .

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Article L321-32 of the French Commercial code

The expert mentioned in article L. 321-29 may not describe, present, estimate or put up for sale any property belonging to him, nor may he acquire, directly or indirectly on his own account, any property in the public auction sales in which he provides assistance. Exceptionally, however, the expert may sell, through the intermediary of an operator mentioned in article L. 321-4, a property belonging to it provided that this…

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Article L321-33 of the French Commercial code

The fact, for any person not on the list provided for in Article L. 321-29 to use the name referred to in that article, or a name with a resemblance likely to cause a misunderstanding in the mind of the public, is punishable by the penalties laid down by Article 433-17 of the Penal Code.

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