Revised on 7 November 2026. Should any information have changed, please notify me and I shall update it.
In Spain, no law grants any individual or body the authority to declare an artwork authentic. Authenticity is a conclusion supported by evidence and the authority of the person formulating it; that authority is conferred by the market and the specialist community, not by a public register. It is therefore essential to understand who carries weight, the value of a certificate, and how to act when doubts arise.
Attribution and authenticity
Authenticity means the work is what it claims to be. Attribution is the reasoned opinion regarding who created it. For contemporary work by a living artist, the matter is usually resolved by asking the artist themselves. For historical work or work by deceased artists, one speaks of attribution, with varying degrees: work by the artist, from their studio, from their circle, by a follower, or in their manner. Auction catalogues employ a similar scale and explain it within their terms and conditions.
Who possesses authority
The living artist. Their recognition is the strongest evidence, although there have been instances of artists denying their own work or acknowledging the work of others. Request that this be done in writing, accompanied by a photograph of the work.
The catalogue raisonné. A critical inventory of an artist's known work; it has its own guide on the catalogue raisonné. Inclusion carries significant weight; exclusion does not prove a work is a forgery, yet it renders it difficult to sell.
Artist committees and foundations. For certain authors, the market only accepts works that have been reviewed by the relevant committee or foundation. Their opinion is not legally binding, and some committees have ceased issuing them to avoid litigation.
Specialists. Art historians with publications concerning the author. Their influence depends upon their reputation and the strength of their arguments.
Technical analyses. Ultraviolet and infrared photography, X-rays, analysis of pigments and binders, and dating of supports. These do not identify who painted a work, but they can demonstrate that the attributed artist could not have done so: a pigment invented after the artist's death concludes the discussion.
The value of a certificate
Its value lies in the signatory and their reasoning. A certificate from a gallery that sold the work while the artist was alive carries weight. One signed by an expert with no connection to the author, lacking an attached photograph or description, is of little value. One issued by the seller themselves adds nothing to their word.
Insist that the certificate identifies the work without ambiguity: photograph, dimensions, technique, signature, and inscriptions, and that it states who issues it and upon what grounds. What a well-prepared certificate should contain is explained in the guide on how to create a certificate of authenticity.
A signature does not resolve the matter either: it may be original, added later, or copied, and an authentic signature does not guarantee that the entire work is authentic.
If there are conflicting opinions, record who provided them, when, with what access to the work, and what reasons were given. A negative opinion does not equate to a judicial finding of forgery, nor does it prove by itself that the seller acted with intent to deceive.
If you are suspicious
Do not publish your suspicions or make accusations. Gather the purchase documentation, commission a technical examination and an independent expert opinion, and, with that material, consult a solicitor. Civil law allows for the annulment of a sale due to error or fraud and claims for latent defects, each with different actions, requirements, and time limits. The action for latent defects under the Civil Code expires six months after delivery; the annulment for error or fraud has a four-year period, the calculation of which depends on the circumstances. If deception occurred, it may constitute fraud, which the Penal Code aggravates when it involves items of artistic heritage.
Before you buy
My criteria: for work of significant value, request the complete provenance and verify it; be wary of stories without documentation and prices that are too good to be true; if the author has a committee or catalogue, ask if the work has been reviewed by them and request proof; if authorship is essential to you, agree in the contract what happens if an identified authority rejects it; and do not pay until you have it.
Further reading
- Buying art at auction: estimation, commission, and delivery
- Restitution and responsible acquisition: the provenance of a work
- How to read a condition report for a work of art
On the open conversation
If you are an art historian, expert, or restorer and notice a nuance that is missing, please write to me. This notebook remains open.
Sources
- Civil Code, arts. 1265 to 1270, 1301 and 1484 to 1490.
- Penal Code, arts. 248 to 250.