The right of pre-emption on the auction market for cultural goods and the limits of its permissible exercise
Publication date: June 1, 2026
Practical application – the case of a museum as a bidder
Can an entity endowed with a statutory right of first refusal simultaneously influence the price it ultimately pays? In the historical monuments auction market, this question is no longer merely a theoretical dilemma. The active participation of registered museums in auctions, combined with the possibility of later exercising their right of first refusal, raises serious questions regarding auction transparency, the equality of participants, and the limits of permissible exercise of public law rights. This article examines this issue at the intersection of civil law, cultural heritage protection, and fair market principles.
