By Charlotte GAUCHON
26 April 2025
A lost document of service. An irregular auction sale. A seizure of the wrong assets. To better understand the scope of his liability, it is useful to look at his professional status following the merger. Even the judicial commissioner, a sworn official, is not infallible. When a mistake is made, the consequences can be serious for the parties involved. Your legal case delayed, your debt lost, your assets sold at a loss... The law provides for specific liability mechanisms. Let's take a look at your possible remedies. 1 Basis of the civil liability of the commissaire de justice Contractual liability towards the principal The commissaire de justice you appoint to collect a debt or serve a document is liable for any faults committed in the performance of his duties. This liability arises from the contract of engagement that binds you, in accordance with articles 1991 et seq. of the Civil Code. The Cour de...
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