#2016-728Ordinance No. 2016-728 on the Status of Justice Commissioners
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The ordinance n° 2016-728 establishes the role and responsibilities of "commissaires de justice" (justice commissioners) in France, consolidating the functions previously held by the profession of bailiffs and judicial auctioneers. This law defines the public and ministerial roles of these officers, overseeing tasks related to executing court decisions, conducting auctions, and managing various legal notifications. It also regulates their establishment across different jurisdictions, the necessary qualifications for appointment, and the ethical guidelines governing their practice.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Introduction of the single professional title 'commissaire de justice' to unify the roles of judicial officers.
- Detailed definitions of the responsibilities and authorities of commissaires de justice.
- Establishment of regional and national chambers to oversee the profession and ensure compliance with legal standards.
Obligations
What this law requires
Justice commissioners must execute court decisions, perform inventories, conduct public auctions of movable and immovable property, serve legal notices, and accomplish conservatory measures as prescribed by law and court orders
Justice commissioners must not engage in any commercial activity in their own name, on behalf of others, or under another's name, except as expressly permitted by law
Justice commissioners exercising within designated territorial zones must establish offices within the court of appeal jurisdiction of their office seat and any attached branch offices
The Minister of Justice must publish and publicly disclose a map identifying zones where new justice commissioner offices are needed, updated every two years
If insufficient office creation applications are received within six months of map publication, the Minister of Justice must issue a call for expressions of interest for vacant or new offices