By Charlotte GAUCHON
24 April 2025
Behind their official title, judicial commissioners hold a power that no one else can exercise. This legal professional alone has the authority to perform certain acts that are essential to the smooth operation of our legal system. But what exactly are these exclusive prerogatives? And how do they differ from the competitive activities of the commissaire de justice? Why does the law reserve certain tasks for this particular professional? Enforcing court rulings The core monopoly of the commissaire de justice lies in his ability to enforce court rulings. Article 1 of Order no. 2016-728 of 2 June 2016 defines this role: «The commissaire de justice alone has the capacity to bring back to execution court decisions as well as deeds or titles in enforceable form.» This exclusivity is explained by the sensitive nature of enforcement measures, the pricing of which is regulated. A creditor in possession of a judgement cannot, on his own initiative, seize...
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