27
Los
27
(Merate (LC) 1883-1953)
Cm 55x45,5 | In 21.65x17.91
Oil on canvas
He was born Aug. 30, 1883, in Merate, near Como, to Costantino, a builder and decorator with an intense Risorgimento past, and Giuseppina Grancini, who came from a wealthy family of Milanese merchants. He began working as a boy with his father in the stately villas of Brianza, where he had the opportunity to observe works by E. Gola, which led him to approach painting. After attending R. Brambilla's classes at the Merate Drawing School, from 1905 he studied at the Brera Academy of Fine Arts in Milan, where he simultaneously attended courses in sculpture (E. Butti), painting (C. Tallone) and architecture (C. Boito). With time his interests became more precise: in 1908 he obtained a license for the sculpture course and, two years later, for the painting course, while he gave up the third license. In 1910 in Milan, at the exhibition organized by the Permanente, he exhibited a painting with a clear Tollonian matrix, but with a personal accent in the evocative use of color, The Blind Cellist (1909), the first essay of his talents as a talented colorist, which met with the approval of established artists such as G. Previati, A. Morbelli, and V. Grubicy. 1910 was also the year of his meeting with Gola, to whom Frisia became linked not in a discipleship relationship but in a fellowship equally charged with implications; working in close contact with the older artist-educated and up-to-date on the European situation-expanded his horizons, emancipating him from Tallone's rigid realist teaching. A member of the Permanente since 1910 (he would take part in all that institution's subsequent exhibitions), in 1912 Frisia was made an honorary member of Brera. The following year records his participation, as an official representative of Italy, at the Quadriennale in Munich, where he exhibited several canvases, including the Ritratto del padre (Milan, Pinacoteca Ambrosiana). To the same 1913 dates his marriage to Maria Galli, from which five children were born (Bruno, Costanza, Emilio, Lucia and Luisa). In 1914 he took part for the first time in the Venice Biennale - where he exhibited almost continuously until 1950 - presenting an unidentified Pastel. In the panorama of pre-war Italian painting, his figure appears to be consistently oriented toward a line of independence, as shown by his refusal to be aggregated to the Divisionist movement (he did not accept the invitation to join proposed to him by Grubicy), his extraneousness to Futurist suggestions and the same gradual departure from the Golian lesson, due to a need for constructive solidity that derives to the painter from the experience of sculpture. This material component is such that for paintings such as Al fronte: carico di legname, executed during the war, and Il valloncello one has spoken of precursors of informal painting, in particular of E. Morlotti. The plastic taste that characterizes Frisia's painting is destined to be more fully defined in the years between the wars. In that period the artist actively devoted himself to landscape (executed on the spur of the moment, without the stylistic filter constantly interposed, for example, by A. Tosi) as well as still life and portraits. It was precisely in the latter two genres, which required slower and more thoughtful elaboration and, therefore, allowed him greater decantation, that Frisia felt he achieved superior results to those he had achieved as a landscape painter. Fidelity to nineteenth-century iconography, which has sometimes led to the forcing of considering Frisia an epigone of so-called Lombard Impressionism, does not mean, however, adherence tout court to nineteenth-century formal modes. His painting is distinguished by something arid (predominant in the Frisian palette are lime white and natural earths of dull tones, traditional colors of mural technique), solid outline, the abolition of sfumato, and the renunciation of the abuse of chiaroscuro: these elements all contribute to an overcoming of Romantic residues in favor of a more modern form of expression. With the new aesthetic demands Frisia had occasion to confront himself in 1919, the year of the first of his many sojourns in Paris (almost biennially, until 1949), during which, as a guest of A. Bucci, he cultivated a brief but intense friendship with A. Modigliani, who portrayed him in three drawings. In the French capital, Frisia also frequented P. Picasso and G. Braque, whom he esteemed while sensing their distance from his own poetic world; nevertheless, the plastic connotation of space in his landscapes, certain "slipped planes" of still lifes, a sometimes exasperated technical research, denounce his contact with the Parisian milieu. Travels to major European capitals and the Mediterranean multiplied from this time (frequent and long stays in Venice and Portofino were also frequent). In Malta in 1932 he was commissioned, with R. De Grada and E. Paolucci, to execute on behalf of the Italian Foreign Ministry a series of watercolor views, now housed in the British Museum in Valletta and the Municipal Gallery of Modern Art in Rome. This public commission was part of a series of official awards: from the Principe Umberto prize in Milan (1922) for Ritratto di signora to the E. Mortara prize in Florence (1924, IV concorso S. Ussi) for The Pregnant Woman and Her Family, to the gold medal received at the 1927 and 1929 editions of the National Exhibition of Landscape Art in Bologna; from the prize at the Milan Self-Portrait Exhibition (1932) for the painting kept at the Milan Municipal Gallery of Modern Art to the silver medal at the Paris Universal Exhibition (1937) for Figura rosa (Monza, Civici Musei), to the G. Ricci di Brera (1939), awarded to the painter - ex aequo with U. Lilloni - by a jury that included C. Carrà and A. Soffici. The fame and esteem enjoyed by Frisia are reaffirmed by his participation in the Roman Quadrennial Exhibitions since the first edition (1931), by the purchases of his works by both the National Gallery of Modern Art in Rome and the municipal galleries of the capital, Milan, and Turin, and finally by the numerous solo exhibitions at prestigious galleries (Pesaro, Barbaroux, Gian Ferrari in Milan), but especially by the one organized by the Milanese Permanente in 1941 with a commission composed of A. Carpi and A. Martini, who collaborated with Frisia in the selection of the 140 works exhibited. He also constantly participated in the exhibitions organized by the Fascist Fine Arts Syndicate: both in the regional ones (which were held from 1928 in Milan at the same time as the annual exhibitions of the Permanente) and in the national ones in Florence in 1933, where he exhibited Dissonanze and Siracusa, and in Milan (1941). Far from group logic-he did not adhere to Novecento, whose idealizing climate was, moreover, alien to him-and while apparently isolated, he could actually count on professional friendships based on a common ethical attitude in dealing with the problems of painting. Beginning in the 1930s his house was frequented by such personalities as U. Lilloni, A. Savinio, E. Treccani, B. Cassinari, and E. Morlotti, and precisely in the web of contacts established by him among differently oriented artists the historical role of the Brianza painter should be recognized. It is worth mentioning in this regard how he was among the supporters of the Bergamo Prize and participated in all four editions of the exhibition (1939-42); in 1940, thanks to the painting Composizione (location unknown), he won the second prize - the first went to M. Mafai and the third to R. Guttuso - which was awarded to him by a jury in which C. Carrà , O. Rosai and G.C. Argan. In 1942 he took part in the XXIII Venice Biennale exhibiting 27 works, including the 1933 landscape Constantinople: the Bosphorus (Piacenza, Galleria d'arte moderna Ricci Oddi). [...]
Die Versandkosten können je nach Größe des Gemäldes variieren.
Please check each lot individually for buyer's premium and additonal costs.
TERMS AND CONDITIONS Santa Giulia Auctions of Samuele Casadio is hereinafter referred to as “Santa Giulia”.
Sales are attributed to the highest bidder and are for “cash”.
Santa Giulia is acting as the consignor in its own name and on behalf of the Vendor, pursuant to article 1704 of the Civil Code. The sale is made between the Vendor and the Buyer; hence, Santa Giulia assumes no liability for buyers or third parties other than that as the consignor. Responsibilities pursuant to articles 1476of the Civil Code remain with the vendors of the works The Auctioneer’s hammer fall, or online auction timed out, marks the conclusion of the contract of sale between the seller and the Buyer.
Lots to be auctioned are to be regarded as second-hand goods supplied as antiques and, as such, do not constitute “products” as defined by art. 3(e) of the Consumer Code (Legislative Decree 6.09.2005 no. 206).
Before the auction there will be a viewing, during which the Auctioneer, or the staff, will provide clarifications or suggestions; the viewing enables to certify the authenticity, the attribution, the state of conservation, the provenance, item type and quality, and to detect and explain catalogue errors or lack of precision. Any client who is unable to view the items directly, can require a condition report (this service is available only for the lots with an estimated selling price higher than 500 euros).
People interested in buying a lot, therefore, undertake first to attend the auction, to analyse it in depth and, where appropriate, also with the help of an expert or a restorer to investigate the characteristics. After the sale, no dispute is accepted; Santa Giulia and the Vendor shall not be liable for any defect concerning the auctioned items.
The lots are sold with any and all faults and imperfections, such as breakages, renovations, defects or replacements. These features, although not mentioned in the catalogue, cannot be regarded as the cause of disputes on sales.
Antiques may have been restored or subject to changes, such as “all-over painting”: these operations cannot be considered to be latent defects o forgeries of the lot.
Clock movements are not revised.
Descriptions and illustrations of the items in the catalogues and in the brochures merely identify the lots and therefore can be reviewed before the sale of the lot. Santa Giulia shall not be responsible for any error, failure or forgery because we make no warranty (express or implied) as to auction lots. The aim of catalogue and brochure illustrations shall be to identify the lot and are not deemed to represent the state of conservation.
For ancient and 19th century paintings we declare only artist’s time and school.
20th and 21st century works (modern and contemporary art)usually come with a certificate of authenticity and other documents mentioned in the sheet.
Certificates, valuations or opinions cannot be used after the auction as a dispute about work authenticity. As far as books are concerned, no dispute as to binding damages, stains, holes, trimmed tables or papers and defects that do not impair the text and/or the pictures is accepted; just like index absence, white sheets, postings, appendices and supplements following the publication.
Objections must first be submitted to Santa Giulia scientific advisor and Client’s expert, and sent by registered post with return receipt within 15 days of the sale. Beyond this deadline, Santa Giulia of Samuele Casadio disclaims all responsibility. Valid claims are only refunded of the amount paid, against the return of the work. In the event of valid claims accepted by Santa Giulia in respect of forged items, provided that written notice is received within 3 months offault report and no later than 5 years after the auction sale, and, provided that the Buyer can return the lot free from any third party claims and that the state is the same as at the time of sale, Santa Giulia may, in its sole discretion, rescind the sale and give by prior notice, to the Buyer who requests it, Vendor’s full name. Not with standing the above, Santa Giulia will not refund the Buyer if the description of the lot conforms to experts’ opinion at the date of the sale or says that authenticity or lot assignment is disputable, and also if at the date of lot publication forgery could be proven only by difficult, unreasonably expensive analysis, that may also damage or diminish the value of the lot.
The Auctioneer may accept work buying commissions at a fixed price and submit bids on behalf of a third party. During the course of the auction, there may be telephone bids that are accepted at Santa Giulia’s unquestionable judgement and transferred to the Auctioneer at bidder’s risk. Calls can be registered.
The goods are sold by the Auctioneer; in the event of bid claims, the items are put back to auction in the same section, according to the last bid.
In addition, in his sole discretion and at any time, he may: rescind the sale of the lot, place consecutive bids or reply to the bids in seller’s best interest, up to the reserve price, and take suitable measures, such as match or separate the lots or change the sale order.
Before the auction, the clients who want to bid shall request to Santa Giulia’s staff the “personal number” providing the particulars and the address, and the copy of the identity document. Santa Giulia may also require the production of bank or other financial references in order to pay the bid price and the auction rights. At the bid, people must in any case provide Santa Giulia with their personal particulars and address.
Santa Giulia reserves the right, in its absolute discretion, to refuse entry to its premises for the auction, as well as to reject the bids of unknown or unwanted buyers, unless a deposit covering the price of the lots or a warranty are provided.
Because of a delay in making full payment, or in the event of non-payment, Santa Giulia can reject the bids made by or on behalf of you by your representative at any future sale.
To the hammer price, the following charges are applied: 20% of auction rights up to€ 400,000.00, and 15% on sums exceeding the amount, including VAT in accordance with current legislation.
Any other applicable fees and taxes in relation to the purchase are the responsibility of the bidder. At the sale, the Buyer shall pay a deposit and make the payment before collecting the goods at his own expense and risk, within 10 days of the sale.
If the bidder fails to pay the amount, in whole or in part, within the specified term, Santa Giulia reserves the right at its sole discretion to: return the good to the consignor by requesting to the defaulting Buyer to pay the commission; take judicial action in order to enforce the obligation to purchase; sell the lot by private treaty or at any future sale on behalf and at the expenses of the higher bidder, pursuant to article 1515, without prejudice to claim damages. Beyond this deadline, Santa Giulia has no responsibility to the Bidder in connection with the deterioration of the goods and reserves the right to charge fees for the storage of the lots as well as to the reimbursement of any shipping fees to the premise, as per the rates. Sold item loss or damages will be Buyer’s responsibility at the sale.
Santa Giulia delivers the purchased goods to the Buyer subject to the payment of the amount and of any commissions, expenses or reimbursements. For items under State notification laws (Legislative Decree no.42, 22.01.2004, Cultural Heritage Code) and ss.mm., Buyers are required to comply with applicable regulations; in the event of State right of first refusal, the bidder shall not claim a refund (from Santa Giulia or vendors) of price or commission interest rate already paid.
Export of the products by buyers who live or do not live in Italy is subject to the above rule, as well as to current customs, foreign exchange and fiscal code regulations. Therefore, the export of 70-year-old products always requires a license for product free movement issued by the qualified Authority.
Santa Giulia assumes no liability to buyers in connection with sold lot export limitations and licenses or certificates required by the Italian law. For the lots including protected materials and species, such as coral, ivory, turtle, crocodile, whale bones, rhinoceros horns, buyers need CITES export license issued by the Ministry of Environment and Protection of Territory.
Buyers are invited to ask about limitations and restrictions regulating the importation in the various states and countries.
On April 9th, 2006the Legislative Decree 13 February 2006, no. 118, came into force which, pursuant to Directive 2001/84/EC, introduced in the Italian legal system the artist’s right, or entitled people’s right, to be paid an extra amount on the sale price of the original works following the first sale (“resale royalty”). The resale right applies if the hammer price is not lower than 3,000.00.
We work out the amount as follows:
Santa Giulia, as the auction house pays the “resale right” to the Italian Society of Authors and Publishers (SIAE).
In addition to the clearing price, commissions and other expenditure, the Buyer agrees to pay the “resale right” that is up to the Vendor in accordance with Article 152, paragraph I, Law 22 April 1941, no. 633. The estimates in the catalogue are expressed in euros and give only an approximate indication. These amounts can be equal, higher or lower to lot reserve prices agreed upon with the consignors.
These Terms of Sale, governed by the Italian law, are implicitly acknowledged by the people taking part to the auction procedure and are made available to anyone upon request. All disputes arising out of Santa Giulia auction sale activity are subject to the exclusive jurisdiction of the courts in Brescia.
Pursuant to art. 13 of Legislative Decree 196/2003 (Code for the protection of personal data), Santa Giulia, in its capacity as data controller, informs that the personal data provided shall be used, in paper-based and electronic systems, to fully and comprehensively implement the sale/purchase agreements stipulated by the company itself, as well as to perform any other service pertinent to Santa Giulia S.a.s object of the company. Data supply is discretionary, but strictly necessary for contract completion.
Attending and registering allows Santa Giulia to send out the catalogues of the upcoming auctions as well as other information material. Communications on the sale are made by registered mail to:
Santa Giulia Casa d'Aste,
via Cairoli, 26 - 25122 Brescia
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(Merate (LC) 1883-1953)
Cm 55x45,5 | In 21.65x17.91
Oil on canvas
He was born Aug. 30, 1883, in Merate, near Como, to Costantino, a builder and decorator with an intense Risorgimento past, and Giuseppina Grancini, who came from a wealthy family of Milanese merchants. He began working as a boy with his father in the stately villas of Brianza, where he had the opportunity to observe works by E. Gola, which led him to approach painting. After attending R. Brambilla's classes at the Merate Drawing School, from 1905 he studied at the Brera Academy of Fine Arts in Milan, where he simultaneously attended courses in sculpture (E. Butti), painting (C. Tallone) and architecture (C. Boito). With time his interests became more precise: in 1908 he obtained a license for the sculpture course and, two years later, for the painting course, while he gave up the third license. In 1910 in Milan, at the exhibition organized by the Permanente, he exhibited a painting with a clear Tollonian matrix, but with a personal accent in the evocative use of color, The Blind Cellist (1909), the first essay of his talents as a talented colorist, which met with the approval of established artists such as G. Previati, A. Morbelli, and V. Grubicy. 1910 was also the year of his meeting with Gola, to whom Frisia became linked not in a discipleship relationship but in a fellowship equally charged with implications; working in close contact with the older artist-educated and up-to-date on the European situation-expanded his horizons, emancipating him from Tallone's rigid realist teaching. A member of the Permanente since 1910 (he would take part in all that institution's subsequent exhibitions), in 1912 Frisia was made an honorary member of Brera. The following year records his participation, as an official representative of Italy, at the Quadriennale in Munich, where he exhibited several canvases, including the Ritratto del padre (Milan, Pinacoteca Ambrosiana). To the same 1913 dates his marriage to Maria Galli, from which five children were born (Bruno, Costanza, Emilio, Lucia and Luisa). In 1914 he took part for the first time in the Venice Biennale - where he exhibited almost continuously until 1950 - presenting an unidentified Pastel. In the panorama of pre-war Italian painting, his figure appears to be consistently oriented toward a line of independence, as shown by his refusal to be aggregated to the Divisionist movement (he did not accept the invitation to join proposed to him by Grubicy), his extraneousness to Futurist suggestions and the same gradual departure from the Golian lesson, due to a need for constructive solidity that derives to the painter from the experience of sculpture. This material component is such that for paintings such as Al fronte: carico di legname, executed during the war, and Il valloncello one has spoken of precursors of informal painting, in particular of E. Morlotti. The plastic taste that characterizes Frisia's painting is destined to be more fully defined in the years between the wars. In that period the artist actively devoted himself to landscape (executed on the spur of the moment, without the stylistic filter constantly interposed, for example, by A. Tosi) as well as still life and portraits. It was precisely in the latter two genres, which required slower and more thoughtful elaboration and, therefore, allowed him greater decantation, that Frisia felt he achieved superior results to those he had achieved as a landscape painter. Fidelity to nineteenth-century iconography, which has sometimes led to the forcing of considering Frisia an epigone of so-called Lombard Impressionism, does not mean, however, adherence tout court to nineteenth-century formal modes. His painting is distinguished by something arid (predominant in the Frisian palette are lime white and natural earths of dull tones, traditional colors of mural technique), solid outline, the abolition of sfumato, and the renunciation of the abuse of chiaroscuro: these elements all contribute to an overcoming of Romantic residues in favor of a more modern form of expression. With the new aesthetic demands Frisia had occasion to confront himself in 1919, the year of the first of his many sojourns in Paris (almost biennially, until 1949), during which, as a guest of A. Bucci, he cultivated a brief but intense friendship with A. Modigliani, who portrayed him in three drawings. In the French capital, Frisia also frequented P. Picasso and G. Braque, whom he esteemed while sensing their distance from his own poetic world; nevertheless, the plastic connotation of space in his landscapes, certain "slipped planes" of still lifes, a sometimes exasperated technical research, denounce his contact with the Parisian milieu. Travels to major European capitals and the Mediterranean multiplied from this time (frequent and long stays in Venice and Portofino were also frequent). In Malta in 1932 he was commissioned, with R. De Grada and E. Paolucci, to execute on behalf of the Italian Foreign Ministry a series of watercolor views, now housed in the British Museum in Valletta and the Municipal Gallery of Modern Art in Rome. This public commission was part of a series of official awards: from the Principe Umberto prize in Milan (1922) for Ritratto di signora to the E. Mortara prize in Florence (1924, IV concorso S. Ussi) for The Pregnant Woman and Her Family, to the gold medal received at the 1927 and 1929 editions of the National Exhibition of Landscape Art in Bologna; from the prize at the Milan Self-Portrait Exhibition (1932) for the painting kept at the Milan Municipal Gallery of Modern Art to the silver medal at the Paris Universal Exhibition (1937) for Figura rosa (Monza, Civici Musei), to the G. Ricci di Brera (1939), awarded to the painter - ex aequo with U. Lilloni - by a jury that included C. Carrà and A. Soffici. The fame and esteem enjoyed by Frisia are reaffirmed by his participation in the Roman Quadrennial Exhibitions since the first edition (1931), by the purchases of his works by both the National Gallery of Modern Art in Rome and the municipal galleries of the capital, Milan, and Turin, and finally by the numerous solo exhibitions at prestigious galleries (Pesaro, Barbaroux, Gian Ferrari in Milan), but especially by the one organized by the Milanese Permanente in 1941 with a commission composed of A. Carpi and A. Martini, who collaborated with Frisia in the selection of the 140 works exhibited. He also constantly participated in the exhibitions organized by the Fascist Fine Arts Syndicate: both in the regional ones (which were held from 1928 in Milan at the same time as the annual exhibitions of the Permanente) and in the national ones in Florence in 1933, where he exhibited Dissonanze and Siracusa, and in Milan (1941). Far from group logic-he did not adhere to Novecento, whose idealizing climate was, moreover, alien to him-and while apparently isolated, he could actually count on professional friendships based on a common ethical attitude in dealing with the problems of painting. Beginning in the 1930s his house was frequented by such personalities as U. Lilloni, A. Savinio, E. Treccani, B. Cassinari, and E. Morlotti, and precisely in the web of contacts established by him among differently oriented artists the historical role of the Brianza painter should be recognized. It is worth mentioning in this regard how he was among the supporters of the Bergamo Prize and participated in all four editions of the exhibition (1939-42); in 1940, thanks to the painting Composizione (location unknown), he won the second prize - the first went to M. Mafai and the third to R. Guttuso - which was awarded to him by a jury in which C. Carrà , O. Rosai and G.C. Argan. In 1942 he took part in the XXIII Venice Biennale exhibiting 27 works, including the 1933 landscape Constantinople: the Bosphorus (Piacenza, Galleria d'arte moderna Ricci Oddi). [...]
Die Versandkosten können je nach Größe des Gemäldes variieren.
Please check each lot individually for buyer's premium and additonal costs.
TERMS AND CONDITIONS Santa Giulia Auctions of Samuele Casadio is hereinafter referred to as “Santa Giulia”.
Sales are attributed to the highest bidder and are for “cash”.
Santa Giulia is acting as the consignor in its own name and on behalf of the Vendor, pursuant to article 1704 of the Civil Code. The sale is made between the Vendor and the Buyer; hence, Santa Giulia assumes no liability for buyers or third parties other than that as the consignor. Responsibilities pursuant to articles 1476of the Civil Code remain with the vendors of the works The Auctioneer’s hammer fall, or online auction timed out, marks the conclusion of the contract of sale between the seller and the Buyer.
Lots to be auctioned are to be regarded as second-hand goods supplied as antiques and, as such, do not constitute “products” as defined by art. 3(e) of the Consumer Code (Legislative Decree 6.09.2005 no. 206).
Before the auction there will be a viewing, during which the Auctioneer, or the staff, will provide clarifications or suggestions; the viewing enables to certify the authenticity, the attribution, the state of conservation, the provenance, item type and quality, and to detect and explain catalogue errors or lack of precision. Any client who is unable to view the items directly, can require a condition report (this service is available only for the lots with an estimated selling price higher than 500 euros).
People interested in buying a lot, therefore, undertake first to attend the auction, to analyse it in depth and, where appropriate, also with the help of an expert or a restorer to investigate the characteristics. After the sale, no dispute is accepted; Santa Giulia and the Vendor shall not be liable for any defect concerning the auctioned items.
The lots are sold with any and all faults and imperfections, such as breakages, renovations, defects or replacements. These features, although not mentioned in the catalogue, cannot be regarded as the cause of disputes on sales.
Antiques may have been restored or subject to changes, such as “all-over painting”: these operations cannot be considered to be latent defects o forgeries of the lot.
Clock movements are not revised.
Descriptions and illustrations of the items in the catalogues and in the brochures merely identify the lots and therefore can be reviewed before the sale of the lot. Santa Giulia shall not be responsible for any error, failure or forgery because we make no warranty (express or implied) as to auction lots. The aim of catalogue and brochure illustrations shall be to identify the lot and are not deemed to represent the state of conservation.
For ancient and 19th century paintings we declare only artist’s time and school.
20th and 21st century works (modern and contemporary art)usually come with a certificate of authenticity and other documents mentioned in the sheet.
Certificates, valuations or opinions cannot be used after the auction as a dispute about work authenticity. As far as books are concerned, no dispute as to binding damages, stains, holes, trimmed tables or papers and defects that do not impair the text and/or the pictures is accepted; just like index absence, white sheets, postings, appendices and supplements following the publication.
Objections must first be submitted to Santa Giulia scientific advisor and Client’s expert, and sent by registered post with return receipt within 15 days of the sale. Beyond this deadline, Santa Giulia of Samuele Casadio disclaims all responsibility. Valid claims are only refunded of the amount paid, against the return of the work. In the event of valid claims accepted by Santa Giulia in respect of forged items, provided that written notice is received within 3 months offault report and no later than 5 years after the auction sale, and, provided that the Buyer can return the lot free from any third party claims and that the state is the same as at the time of sale, Santa Giulia may, in its sole discretion, rescind the sale and give by prior notice, to the Buyer who requests it, Vendor’s full name. Not with standing the above, Santa Giulia will not refund the Buyer if the description of the lot conforms to experts’ opinion at the date of the sale or says that authenticity or lot assignment is disputable, and also if at the date of lot publication forgery could be proven only by difficult, unreasonably expensive analysis, that may also damage or diminish the value of the lot.
The Auctioneer may accept work buying commissions at a fixed price and submit bids on behalf of a third party. During the course of the auction, there may be telephone bids that are accepted at Santa Giulia’s unquestionable judgement and transferred to the Auctioneer at bidder’s risk. Calls can be registered.
The goods are sold by the Auctioneer; in the event of bid claims, the items are put back to auction in the same section, according to the last bid.
In addition, in his sole discretion and at any time, he may: rescind the sale of the lot, place consecutive bids or reply to the bids in seller’s best interest, up to the reserve price, and take suitable measures, such as match or separate the lots or change the sale order.
Before the auction, the clients who want to bid shall request to Santa Giulia’s staff the “personal number” providing the particulars and the address, and the copy of the identity document. Santa Giulia may also require the production of bank or other financial references in order to pay the bid price and the auction rights. At the bid, people must in any case provide Santa Giulia with their personal particulars and address.
Santa Giulia reserves the right, in its absolute discretion, to refuse entry to its premises for the auction, as well as to reject the bids of unknown or unwanted buyers, unless a deposit covering the price of the lots or a warranty are provided.
Because of a delay in making full payment, or in the event of non-payment, Santa Giulia can reject the bids made by or on behalf of you by your representative at any future sale.
To the hammer price, the following charges are applied: 20% of auction rights up to€ 400,000.00, and 15% on sums exceeding the amount, including VAT in accordance with current legislation.
Any other applicable fees and taxes in relation to the purchase are the responsibility of the bidder. At the sale, the Buyer shall pay a deposit and make the payment before collecting the goods at his own expense and risk, within 10 days of the sale.
If the bidder fails to pay the amount, in whole or in part, within the specified term, Santa Giulia reserves the right at its sole discretion to: return the good to the consignor by requesting to the defaulting Buyer to pay the commission; take judicial action in order to enforce the obligation to purchase; sell the lot by private treaty or at any future sale on behalf and at the expenses of the higher bidder, pursuant to article 1515, without prejudice to claim damages. Beyond this deadline, Santa Giulia has no responsibility to the Bidder in connection with the deterioration of the goods and reserves the right to charge fees for the storage of the lots as well as to the reimbursement of any shipping fees to the premise, as per the rates. Sold item loss or damages will be Buyer’s responsibility at the sale.
Santa Giulia delivers the purchased goods to the Buyer subject to the payment of the amount and of any commissions, expenses or reimbursements. For items under State notification laws (Legislative Decree no.42, 22.01.2004, Cultural Heritage Code) and ss.mm., Buyers are required to comply with applicable regulations; in the event of State right of first refusal, the bidder shall not claim a refund (from Santa Giulia or vendors) of price or commission interest rate already paid.
Export of the products by buyers who live or do not live in Italy is subject to the above rule, as well as to current customs, foreign exchange and fiscal code regulations. Therefore, the export of 70-year-old products always requires a license for product free movement issued by the qualified Authority.
Santa Giulia assumes no liability to buyers in connection with sold lot export limitations and licenses or certificates required by the Italian law. For the lots including protected materials and species, such as coral, ivory, turtle, crocodile, whale bones, rhinoceros horns, buyers need CITES export license issued by the Ministry of Environment and Protection of Territory.
Buyers are invited to ask about limitations and restrictions regulating the importation in the various states and countries.
On April 9th, 2006the Legislative Decree 13 February 2006, no. 118, came into force which, pursuant to Directive 2001/84/EC, introduced in the Italian legal system the artist’s right, or entitled people’s right, to be paid an extra amount on the sale price of the original works following the first sale (“resale royalty”). The resale right applies if the hammer price is not lower than 3,000.00.
We work out the amount as follows:
Santa Giulia, as the auction house pays the “resale right” to the Italian Society of Authors and Publishers (SIAE).
In addition to the clearing price, commissions and other expenditure, the Buyer agrees to pay the “resale right” that is up to the Vendor in accordance with Article 152, paragraph I, Law 22 April 1941, no. 633. The estimates in the catalogue are expressed in euros and give only an approximate indication. These amounts can be equal, higher or lower to lot reserve prices agreed upon with the consignors.
These Terms of Sale, governed by the Italian law, are implicitly acknowledged by the people taking part to the auction procedure and are made available to anyone upon request. All disputes arising out of Santa Giulia auction sale activity are subject to the exclusive jurisdiction of the courts in Brescia.
Pursuant to art. 13 of Legislative Decree 196/2003 (Code for the protection of personal data), Santa Giulia, in its capacity as data controller, informs that the personal data provided shall be used, in paper-based and electronic systems, to fully and comprehensively implement the sale/purchase agreements stipulated by the company itself, as well as to perform any other service pertinent to Santa Giulia S.a.s object of the company. Data supply is discretionary, but strictly necessary for contract completion.
Attending and registering allows Santa Giulia to send out the catalogues of the upcoming auctions as well as other information material. Communications on the sale are made by registered mail to:
Santa Giulia Casa d'Aste,
via Cairoli, 26 - 25122 Brescia