Legislative part

Public and retail sales of goods that take place after death or by authority of justice are carried out in the prescribed forms and by the ministerial officers responsible for the forced sale of furniture in accordance with articles L. 221-4 of the code of civil enforcement procedures and 945 of the code of civil procedure.

Sales of goods after judicial liquidation are made in accordance with Articles L. 642-19 et seq. They may be conducted by the ministry of judicial auctioneers, notaries or bailiffs when they take place at retail or by lots, or by the ministry of sworn merchandise brokers when they take place at wholesale. The debtor’s movable property other than goods may only be sold at auction by the ministry of judicial…

Public sales and sales by auction after cessation of trade, or in other cases of necessity the assessment of which is submitted to the Commercial Court, may only take place insofar as they have been previously authorised by the Commercial Court, at the request of the merchant-owner, to which a detailed statement of the goods is attached. The court notes, by its judgment, the fact which gives rise to the…

Public auctions of wholesale goods conducted in application of the law or ordered by court decision are entrusted to a sworn goods broker.

Any breach of the provisions of articles L. 322-1 to L. 322-7 shall be punishable by confiscation of the goods offered for sale and, in addition, a fine of 3,750 euros, which shall be imposed jointly and severally against both the seller and the sworn goods broker or the public official who assisted him, without prejudice to damages, if any.