DIVISION 3. OBLIGATIONS 1427-3272.9›PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS 1738-3273›TITLE 1. CONSIGNMENT OF FINE ART 1738-1738.9›CHAPTER 2. General Provisions 1738.5-1738.9

§ 1738.5

California Civil Code · 2018-11 edition · updated 2026-10-04 · California

Notwithstanding any custom, practice or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of the artist’s own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee or other basis of compensation, the delivery to and acceptance of such work of fine art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of fine art upon delivery.

(Added by Stats. 1975, Ch. 953.)

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California Civil Code

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