In Italian civil proceedings such disputes arise in different settings: the division of an estate among heirs, a separation or divorce, a contested sale, damage during transport or a museum loan, a dispute with an insurer.

To assess the condition or value of a work, the judge relies on a Consulente Tecnico d'Ufficio (CTU): an expert listed on the court's register, appointed to answer the judge's questions with full impartiality.

The role of the party-appointed expert (CTP)

Alongside the CTU, each party may appoint its own Consulente Tecnico di Parte. The CTP takes part in the expert proceedings together with the CTU: attends the examination of the works, provides documents and points of comparison, and raises critical or overlooked issues. At the end, the CTP submits written observations, which the CTU must address in the final report filed with the court.

In disputes over works of art, the most frequent technical questions concern:

  • the value, which depends on the purpose;
  • the choice of comparables, that is, works by the same artist, or by an artist of similar standing, with similar characteristics, already sold and taken as a reference;
  • the extent of physical damage and the resulting loss of value;
  • the verification of the work's documentation and provenance.

On all these points, only a report based on verifiable data and documented sources allows an effective discussion of the merits; an opinion without supporting evidence inevitably loses its weight.

Before the case: the party appraisal

A party appraisal often proves decisive before any proceedings begin. In matters of inheritance, compensation or disputed sales, an independent valuation allows the client and their lawyer to test whether a claim is well founded, assess the risks and, quite often, reach a settlement, avoiding the cost and length of a court case.

I am listed on the register of court-appointed experts (CTU) of the Court of Milan and have carried out court appointments for several courts; as a party-appointed expert I assist private clients and law firms in modern and contemporary art.

Knowing the proceedings from the CTU's side makes it possible to frame observations with the method that the judge and the court expert expect to find. As a CTP I work to protect my client's interests, but my opinion remains a technical one: arguing for a value without foundation weakens the position of whoever puts it forward.