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我们在从事艺术品拍卖的企业里面常听到“我们这是国际惯例!”的说法。确实艺术品拍卖与一般资产拍卖有许多不同,有其特殊性,但这并不是说“惯例”就可以“放之四海”、所向披靡,由于国外的法律环境和国情背景与我们不同,我们可以多去借鉴、学习他们的拍卖“惯例”,但完全照搬就会有问题。实际中,这些“惯例”在很多地方常常会与我国的《拍卖法》有着不小的冲突。下面笔者依据《拍卖法》对国内艺术品拍卖会中的一些“惯例”进行对比。按照一般的程序,国内的艺术品拍卖会开始时,都是
We are often engaged in the art auction business which often heard “we are the international practice!” Argument. Indeed, there are many differences between the auction of art works and the general auction of assets, and their particularities. However, this does not mean that “conventions” can be universally adopted. As the legal environment and national conditions in other countries are different from ours, we can make more To learn from, learn their auction “practice”, but completely copy there will be problems. In fact, these “conventions” often have many conflicts with our “Auction Law” in many places. Below the author based on “Auction Law” on domestic art auction some of the “practices” for comparison. According to the general procedure, the domestic art auction starts, both are