The second instance of Shenzhen intermediate people's court sentenced the case of huge compensation for the damage of contemporary art works
2022-04-26
How to evaluate the value of art works burned down? Recently, the people's Court of Longgang District, Shenzhen City, Guangdong Province evaluated the value of 392 burned art paintings and made a judgment that the plaintiff compensated 113 artists for the loss of 6.2562 million yuan. Recently, the Shenzhen intermediate people's Court upheld the original judgment in the second instance. Late at night on June 8, 2019, the defendant Ouyang, the legal representative of a company, instructed the employee Chen to carry out electric welding in violation of regulations in a plant of the company, and the high-temperature welding slag fell and caused a fire. The fire area was about 2000 square meters, and a large number of oil paintings, oil painting materials, clothing and hat fabrics were burned. Among them, 392 art works stored by three other companies near the fire site were burned, and these art works were not insured or insured. After the accident, 113 artists including Liu filed a civil compensation lawsuit in Longgang District Court in batches, with a total amount of about 81.8 million yuan. The presiding judge of the case introduced to Xiang that after the retrieval of such cases and regulations, there had been no civil compensation dispute litigation cases of damaged art works in various courts, there were no laws and regulations specifically for damage compensation of art works in China, and there were no unified and clear national standards, industrial standards, normative documents and guiding opinions for the value evaluation of art works, which was the difficulty in the trial of these cases. After many professional judge meetings, Longgang District Court started the judicial appraisal and evaluation work, and successively entrusted two property appraisal institutions with judicial appraisal and evaluation qualification to appraise the value of the art works involved, but they were returned because they could not be completed; At the same time, in order to reasonably evaluate the value of the destroyed art works, the judge went to Guangzhou, Foshan, Beijing and other places for many times, running between the art industry, price certification and its competent authorities, and consulted relevant experts. The expert group of Guangzhou Art Industry Chamber of Commerce consulted in detail the personal resume, work experience, social reputation of the artists involved and the relevant materials such as the exhibition, collection and transaction records of their art works over the years, combined with the evidentiary materials and court hearing (cross examination) records submitted by the plaintiff and the defendant, and the relevant letters of the above authorities and units, on the artistry and market price of the art works, especially the artistic value of contemporary art works Based on the repeated and comprehensive evaluation of the actual situation of the secondary market, a professional report on the appraisal and evaluation of the value of artistic works is issued. The plaintiff artists objected that the value of the destroyed art works identified by the evaluation agency was low. The court held that the professional report basically gave an objective and true evaluation of the art works involved in the case, and the value of the art works involved in the case assessed in the report was only used by the court to determine the amount of compensation to the defendant in the trial of this series of cases, excluding the value and expected interests of the art works in different time nodes, evaluation background and other use environments, and did not affect the real value of other art works of relevant artists, Moreover, it will not lead to the reduction of artists' social evaluation, reputation status, artistic ability and value embodiment; And the reply to the objection letter sent back by the chamber of Commerce responded and refuted the objection reasons put forward by the artists involved one by one, and made a reasonable explanation. After verification and deliberation, the court finally made a judgment, ordering the defendants hengmou company and Ouyang to compensate 113 artists for the loss of 392 burned art works, totaling 6.2562 million yuan. Some plaintiffs and some defendants appealed against the judgment of first instance. The Shenzhen intermediate people's Court upheld the judgment of first instance in this series of cases. (reporter Li Qian, correspondent Zhang Jianguo) (outlook new era)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：People's Court Daily
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