Zjawisko „powracających ptaków” na polskim rynku sztuki. Aspekty ekonomiczno-prawne
The phenomena of “returning birds” on the Polish art market. Economic and legal aspects

Summary/Abstract: The concept of “returning birds” should be understood as a phenomenon involving the return to the auction market of an artwork that was unsold at an earlier auction despite a conditional bid at an earlier auction and ultimately falsely “sold” at auction. “Recurring birds,” as a general rule, demonstrate the difficulty in completing successive sales of such works, as they tend to lose the effect of freshness for auction participants. Moreover, the Polish auction market lacks a developed system of guarantees. An attempt to shield against works being removed from the auction and the so-called burning of objects, are pretended conditional transactions or “bogus sales”. This gives rise to separate types of “returning birds,” labeled as “green” and “black”, respectively. Their presence in the Polish auction market is a result of the lack of legal responsibility of auction houses for auction outcomes and the lack of a legal framework for the due diligence of such entities in the trade of works of art.

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