California Civil Code 1738.6 – A consignment of a work of fine art shall result in all of the …
A consignment of a work of fine art shall result in all of the following:
(a) The art dealer, after delivery of the work of fine art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art within the State of California.
Terms Used In California Civil Code 1738.6
- Art dealer: means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction. See California Civil Code 1738
- Artist: means the person who creates a work of fine art or, if that person is deceased, that person's heir, legatee, or personal representative. See California Civil Code 1738
- Consignment: means that no title to, estate in, or right to possession of, fine art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title and interest of the consignor in and to such fine art. See California Civil Code 1738
- Fine art: means a painting, sculpture, drawing, work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), a work of calligraphy, or a work in mixed media (including a collage, assemblage, or any combination of the foregoing art media). See California Civil Code 1738
- property: includes property real and personal. See California Civil Code 14
(b) The work of fine art shall constitute property held in trust by the consignee for the benefit of the consignor, and shall not be subject to claim by a creditor of the consignee.
(c) The consignee shall be responsible for the loss of, or damage to, the work of fine art.
(d) The proceeds from the sale of the work of fine art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.
(Added by Stats. 1975, Ch. 953.)