By Raphaël MORENON
23 March 2025
1. Legal framework for electronic auctions Legal definition Article L. 321-3, paragraph 1, of the French Commercial Code defines electronic auctions as «the act whereby an agent offers an item for remote public auction by electronic means in order to sell it to the highest bidder». This legal definition clearly establishes three constituent elements: the existence of a mandate competitive bidding automatic award to the highest bidder These electronic sales are subject to the provisions of the French Commercial Code governing voluntary sales of furniture by public auction (art. L. 320-1 to L. 321-38). Distinction between auction sales and brokerage The legislator has made a clear distinction between two different operations: Electronic auction: Mandate from the seller Sale to the highest bidder Involvement of a third party to describe the item Forced conclusion of the sale Operator responsible and guarantor Electronic auction brokerage: Defined in article L. 321-3, paragraph 2 Simple...
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