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• The bailiff
is a member of the legal profession who must guide each person towards
the respect of their obligations.
• He plays an essential
part in the protection of the debtor's interests.
• The bailiff, like
any individual, has duties derived from moral requirements such as honesty,
uprightness, and respect for others.
• Moreover, because
he has an official role linked to the administration of justice, the bailiff
has specific duties and obligations associated with this role, mainly
inspired by considerations of social and judiciary utility.
• In this matter, the
rules of conduct of the bailiff, who performs a mission of general interest,
are above all guided by a concern for the safety of people and property and
the desire to guarantee the effectiveness of activity which is useful
to the community.
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• The
duties that he performs are not part of a hierarchical organization
but, because the bailiff has responsibilities, it is under the surveillance
of the public prosecutor's office (Public Prosecutor and State Prosecutor).
• The
bailiff acting within the context of his legal limits guarantees the
authenticity of the official documents of his ministry. He acts as such
as a public officer and his documents are legally authentic.
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• The
bailiff has the monopoly of serving legal documents:
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The important thing is to bring them to the knowledge of the persons against whom they are directed and to make sure they are received by these persons.
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• The
bailiff is the only member of the legal profession who is qualified
to proceed to the execution of the judge's decisions.
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The bailiff is endowed with the monopoly of the State which owes each citizen a correct administration of Justice.
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This is why, in order to be worthy of the confidence that the Law gives him, the bailiff must know the laws well enough:
• not to exceed
what he can do
• not
to do less than what he has to do
• to be scrupulously careful not to omit any formality
• to have a firmness, when performing his duties, which will not be swayed
• to have the presence of mind which gives him the ability to resort to
methods which are sometimes necessary in unpredictable circumstances.
• to show humanity towards those against whom he expends the rigours of
the Law.
• to demonstrate integrity, preventing him from making needless expenses
• to always respect the duties of cautiousness, surveillance and obtaining
information which characterize safety.
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The effectiveness of a good system of justice required the creation of a profession which would be useful to the community and would provide such a feeling of security that the debtor would feel reassured and guaranteed: the bailiff was born.
Jacques
LAURENT (1925-2000)
Bailiff in TARBES
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You may
visit the national website of the French bailiffs : www.huissier-justice.fr
THE
BAILIFF'S 10 COMMANDMENTS !
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independance in relation to others