Chapter 8: Critical assessment
A comparative analysis of the current regime governing the auctioneer’s liability reveals several outcomes that affect the involved parties, the courts and the art market. These results are developed in Section 1. Section 2.1 presents a comparative analysis between the purchaser’s and the consignor’s position at auction. Both sections lead to the question as to whether the actual and developing legal regime is fair and beneficial to all parties in a specific case, and to the art market in general. Section 2.2 attempts to evaluate the fairness and benefits of the prevailing legal and practical situation. The analysis of the current legal regime and practical standards applicable to the sale of sleepers at auction shows significant repercussions for the parties directly involved in the sale and the courts confronted with the resolution of sleeper disputes, as well as the art market as a whole.
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