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 competitive activities of the commissioner of justice? Why does the law reserve certain tasks for this particular professional?
Enforcement of court rulings
The central monopoly of the commissaire de justice lies in its ability to enforce court rulings. Article 1 of order no. 2016-728 of 2 June 2016 defines this role: "The commissaire de justice has sole authority to enforce court decisions and enforceable deeds or titles.
This exclusivity can be explained by the sensitive nature of enforcement measures, of which pricing is regulated.
A creditor with a court order cannot, on his own initiative, seize his debtor's property or evict him from his home. They must go through this sworn professional.
The most common measurements:
- Attachment (seizure of bank accounts)
- Seizure for sale (seizure of movable property)
- Evicting an occupier without right or title
These acts affect fundamental freedoms - property, domicile - and justify this legal monopoly.
In the event of an obstacle to enforcement, only the court commissioner may request the assistance of the police, as provided for in article L153-1 of the Code of Civil Enforcement Procedures.
Service of documents
Service is a second reserved area.
Article 651 of the Code of Civil Procedure defines service as "notification made by a court commissioner". This legal definition enshrines the monopoly.
Traditional service procedure
The law imposes a strict hierarchy of notification methods:
- To no one
- At home in the hands of a third party
- To the Justice Commissioner's study
The court commissioner must try each method in this precise order. Article 654 of the Code of Civil Procedure is clear: "service must be made personally".
A crucial judgment served by any means other than by a court commissioner will not cause the time limits for appeal to run. The Court of Cassation has ruled that "when the law requires service, any other means is prohibited" (Com. 24 April 2007, no. 06-10.273).
Electronic meaning: framed modernity
Since 2019, electronic service of documents has been available, but only to court commissioners. Article 662-1 of the Code of Civil Procedure sets out the conditions:
- Prior consent of the recipient
- Declaration to the National Chamber of Judicial Commissioners
- Electronic acknowledgement of receipt
This development preserves the monopoly while adapting it to the digital age.
International significance
Even internationally, the monopoly persists. Regulation (EU) No 2020/1784 of 25 November 2020 organises the transmission of documents between Member States.
In France, only judicial commissioners are designated as "transmitting and receiving agencies" for these cross-border transfers.
Other reserved activities
The legislator has entrusted the commissioners of justice with several other legal monopolies:
Judicial sales and inventories
Article 1, I, 2° of the Order of 2 June 2016 reserves for them "inventories, auctions and sales by public auction of tangible or intangible movable property prescribed by law or by court order".
In a judicial liquidation, only the court-appointed administrator (or the notary in certain cases) may proceed with the judicial sale of movable assets.
Inventory of rental premises
Article 3-2 of law no. 89-462 of 6 July 1989 stipulates that if the parties are unable to draw up an amicable inventory of fixtures, the intervention of a court-appointed official becomes compulsory.
This monopoly protects both landlords and tenants by guaranteeing the impartiality of the report.
Hearings department
Article 13 of decree no. 2021-1625 of 10 December 2021 also enshrines the monopoly on court hearings.
The duties of hearing officers are as follows:
- Attend formal hearings
- Calling cases
- Maintaining order under the authority of the Chairman
Protective measures after succession
In the event of death, measures to preserve assets (seals, inventories) fall exclusively within the remit of the court commissioner under Article 1, I, 4° of the Order of 2 June 2016.
Article 1307 of the Code of Civil Procedure sets out the terms of this protection.
The legal monopoly of the commissaire de justice guarantees the authenticity and effectiveness of documents. However, many litigants are unaware of these specific features. A reform signed on 8 February 2023 modifies the conditions under which they can practise as companies from 1 September 2024, but does not call into question their exclusive prerogatives.
Ignorance of the acts reserved for court-appointed agents can invalidate important proceedings. Don't risk having your proceedings invalidated! our lawyers specialising in enforcement law can help you to identify situations requiring their intervention.
Sources
- Order no. 2016-728 of 2 June 2016 on the status of commissaire de justice, article 1
- Code des procédures civiles d'exécution, articles L153-1 et seq.
- Code of Civil Procedure, articles 651, 654, 662-1 and 1307 to 1315
- Law no. 89-462 of 6 July 1989, article 3-2
- Decree no. 2021-1625 of 10 December 2021 on the powers of judicial commissioners
- Regulation (EU) No 2020/1784 of 25 November 2020 on the service of documents
- Judgment of the Court of Cassation, Commercial Division, 24 April 2007, no. 06-10.273
- Decree no. 2022-900 of 17 June 2022 on the ethics and discipline of ministerial officers
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