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Huissier de justice

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In France, Belgium Luxembourg, Netherlands (gerechtsdeurwaarder) and Quebec, a huissier de justice' is a judicial officer in France he was appointed by the Attorney General. He holds the monopoly to serve and execute the decisions made by courts and other enforceable instruments. It is often responsible for such acts mean and authenticate the people he delivers them, proceed to recovery agreement or any judicial debt, issue summonses to court ( assignments and citations), etc.. He enjoys activities he has a monopoly, like the meaning, the appeal of the causes and conduct of the hearings, the enforcement; and activities as non-monopoly the debt recovery findings, drafting of private deed, legal advice ... It can also exercise the authorization of the Attorney General of appellate court ancillary activities of insurance agent and Property Manager. It may also make statements with a character real that serve as evidence during litigation. Some elements of its contents can not be questioned only by way of Registration false.

It is also Public Officer, in the sense that in matters of dishonored check, it s'émet himself an enforcement which has the same legal value as a judicial decision.

The huissier de jusitce is Ministerial and Public Officer.

He is also responsible for the execution of decisions of Justice. It can also act in the case of a debt recovery (pretrial) any claims, civil or commercial (rent outstanding, unpaid invoices, etc. ...). In France, where the huissier de jusitce acting under a court collection, it acts like any professional society of recovery in respect of Decree 96-1112 of 18 December 1996 [1] framing very strongly this activity: it can not then claim rights and powers it has not in the absence of title binding (threats of seizure etc.) [2]. The Enforcement is obtained, with some exceptions, after a court decision.

The huissier de jusitce is a court officer.

The name comes fromUsherthe camera, the door. The "h" is silent. We must write the "huissier de jusitce" and make the connection in the huissier de jusitces.

History

The huissier de jusitce is the distant successor executorsofthe ancient, which were responsible for implementing the decisions of judges.

The profession of what seems today that the huissier de jusitces be found in antiquity. At that time, under thepax romana , our ancestors were using what they called officialis to enforce the decisions of judges.

According to their functions in the official had different titles. Among them, we will retain apparitores and executors. The first mission was to gather people at trial, to introduce litigants and to police the hearing. The second method to seizures of property of debtors or coerced by the body "by which the creditor got paid by imprisoning his debtor.

The barbarian invasions ended the pax romana and private justice reappeared.

It was then the Middle Ages that the different jurisdictions that have emerged, whether manor Church or royalty, were in need of a variety of agents sworn who has sufficient authority to enforce their decisions.

Thus in the official Roman became sergeants and huissier de jusitces. Sergeants who were involved especially the meanings in seigneurial courts, were shaping litigants' requests and implement the decisions made by judges. huissier de jusitces, meanwhile, whose name comes from the "camera", the door, had the mission service within the hearings and court police.

Gradually, huissier de jusitces became officers of the courts while the sergeants major were relegated to the courts of second order.

Widened their skills, and it became increasingly difficult to group them all into one category.

But different symbols to distinguish them: one could recognize them by their colorful coats and striped and their "little round stick, ebony, long of a foot lined copper or ivory" named "Rod."

Texts of XIV 15th century s had the huissier de jusitce had to have a good horse in the value of 100 books, weapons and sufficient a "yard" of the value of 50 pounds and stated that he also had to be married, tonsured and continually raise his tuxedo. If the huissier de jusitce was a symbol of royal authority was the "yard" which was the main characteristic of his authority. The ushers were hit, according to a order of 1568, "those to whom they are mandated to achievement of justice." Once the huissier de jusitce had touched any of his "penis", the latter owed him obedience and submission.

In addition, a ring of money brought to their thumb they used to seal the relationship of their exploits.

Over time, the costume huissier de jusitces evolved and varied with locations and courts. Sometimes dress wool then satin black single cap and hat velvet with gold cord ... Plumed most of all was undoubtedly one of the first huissier de jusitce of the Parliament of Paris who had the title of Master, as so noble and squire whose costume was a red dress with a cloth cap of golden snub of ermine with a big gem.

This is the Template:-s as huissier de jusitces lost the obligation to wear their costumes. Signs to distinguish them sank into a shield with three fleurs de lys worn on the shoulder and still the "yard".

Meanwhile, within this trade, the duties were divided. Thus, the sergeants and huissier de jusitces to the court in the Châtelet of Paris were divided by huissier de jusitces for the courts, policemen on horseback to the suburbs and the countryside, sergeants on foot or yard for the center of the city, auctioneer (the Auctioneers today), the dozen ushers (guards of the Provost) huissier de jusitces said arrant depending only on the Chatelet which could operate in the kingdom.

In 1705, a edict together into one body the community yard and sergeants on horseback du Chatelet by giving them a common title of "Usher". Until then as a huissier de jusitce had been reserved for sergeants rod that same year became the "huissier de jusitces sergeants penis." This allowed them to "operate in all matters in the whole extent of the kingdom and live where they pleased."

This unification was accompanied by a regulation as to their number.

To a stop 22 Thermidor Year VIII, each court should specify by notice in the number of huissier de jusitces was necessary allowing the central government to regain control of this occupational category.

Thus appeared a draft status of the huissier de jusitce, reinforced by an imperial decree, dated 14 June 1813. It also took over some ancient texts to determine for example the mode of appointment of huissier de jusitces and establishing the knowledge required and the exact duties of these officers.

Today, the huissier de jusitces (who received this qualification in 1955) carries over in costume and posed the "yard".

The current status of huissier de jusitces result of an order of November 2, 1945 and an implementing decree of 29 February 1956, amended several times: these texts define the limits of their monopoly, the conditions of their professional responsibility, state their status and allow their group or their association.

Different sections of the Penal Code reinforce the penalties for certain Offences when committed against a huissier de jusitce in the exercise of its functions.

The huissier de jusitces are officers, holders of their function through a charge acquired with the approval of government, and monopoly over the service of documents.

Documents served by Usher are binding on all and value of deed. In this respect, the huissier de jusitce is also a notary public.

It may be necessary to establish physical findings, or at the request of Justice (see material facts that can serve as useful information as part of a lawsuit), or at the request of an individual (eg to make an admission of adultery, to establish an inventory, to establish a neighborhood disturbance, or to ensure the fairness of a contest or a sweepstakes).

Moreover, being authorized to proceed with the recovery of any court or legal claim, the huissier de jusitce may make seizures.

Finally, under a court order, the huissier de jusitce may carry out an operation of deportation.

It should be noted that the huissier de jusitces have a right of withdrawal, and can refuse to intervene in certain cases, especially where conflict of interest or if enforcement costs are too high relative to the claim . In the case of a conflict of interest, the creditor may request the Departmental Chamber of huissier de jusitces to appoint a huissier de jusitce.

Nowadays, the huissier de jusitces practicing in a territorial defined by decree, which generally corresponds to the spring of District Court in their professional residence , but their skill can sometimes be extended to several courts depending on the same High Court.

The ushers are responsible for service outside the courtroom. Chosen by each jurisdiction among the judicial officers of his seat, their mission is to attend the hearings to make the call cause and maintain order under the authority of the president. They also provide the meanings of actions (assignments, conclusions) from lawyer to lawyer.

The profession is organized in rooms at the département, Regional, and national.

The candidate for the profession of huissier de jusitce must be French nationality to have obtained at least a LLM, or its equivalent and having a course to a period of at least two years in a study of Usher. It must finally succeed after this training the professional examination of huissier de jusitce.

Appointed by the Minister of Justice, he must either compensate the huissier de jusitce to the report and to whom he succeeds or acquire the shares of a professional partnership.

It is the Holy Appronien patron saint of huissier de jusitces.

Training

Following a master in law issued by one of many Faculty of Law, the huissier de jusitce completed an internship paid professional two-year study of a huissier de jusitce. Throughout this course, the trainee huissier de jusitce is training with the Department of Education Trainees who trains under the control of the National Chamber of huissier de jusitces. The trainee (also referred to as clerk expert) then passes a professional examination to be issued with the degree for huissier de jusitce. This review is theoretical and practical. It consists of a practical test of conveyancing complexes procedure, but also a legal paper on a subject of private law, Civil Law commercial law law enforcement criminal law or social law. After passing the written exam, the student must then meet the oral tests in the following subjects:

Another way to access to the profession: The holder of a law capacity with ten anx professional experience may also prepare the professional examination of judicial officer. See Guide "The law and its businesses"

Annex to the Order establishing the program and the procedures for the professional examination of huissier de jusitce

Civil CIVIL

I - People • name • The home The acts of the Vital · Lack · The disability

II - Family • The wedding • The divorce and legal separation · The matrimonial · The legitimate filiation, the natural descent · The parental · The maintenance

III - goods · The classification of real and personal property · The possession · The adverse possession · The property, the condominium property · The usufruct and easement · The Land Registry

IV - bonds: General Theory · The sources of obligations ( contracts quasi-contract crime tort) · The evidence obligations · Conservation of wealth of the debtor (derivative action) and dismissal of the fraud (Paulian action) ° The terms obligations (forward, conditional, indivisible, interdependent, "solidum") · The transfer of obligations · The extinction of obligations

V - contracts: General Theory · The classification of contracts · The constituent elements of contracts, training · The effects of contracts, their execution, their dissolution · The stipulation for others

VI - special contracts · The sales • The Hired (movable and immovable) • The mandate

VII - liability · The personal liability · The vicarious liability · The responsibility for things · The specific performance and the damages · The distinction between tort and contract

VIII - security · The privileges · The Mortgage • The token with and without delivery • The bond

JUDICATURE AND CIVIL PROCEDURE

I - Magistrates ( seat and parquet) and court officers

II - The various courts of the judicial • their composition · Their respective powers (and territorial allocation) • The special role of the Court of Cassation • The role of Registry

III - The lawsuit · The body · The request · The incident requests and counterclaims · The subject matter · The defenses · The purpose of refusing to receive · The exceptions · The balance · The principle of contradiction

IV - The administration of evidence · The documentary evidence • measures to education

V - The conduct of the proceedings · Rules common to various courts · Rules specific to each jurisdiction ( High Court, District Court, Commercial Court, rent tribunal rural Court of Appeal)

VI - Remedies · The call · The Opposition · The third-opposition • The retrial • The cassation

VII - Documents and procedural delays The acts of judicial officer (form, meaning, invalidity) · The procedural deadlines

VIII - Fees and costs

IX - Special procedures · The orders on request and injunctions · The injunction of pay

The ROUTES OF EXECUTION

I - payment offerings and recording

II - Measures · The seizure • The pledge · The mortgage interim

III - The direct recovery of maintenance

IV - seized securities · The garnishment · The execution ° Seizure distress and seizure claim ° Seizure of patents and trademarks

V - foreclosure: general

VI - The civil enforcement procedures

COMMERCIAL LAW

I - payment and credit

II - Contractual relations · The commercial contracts (commercial leases, the commercial pledge) • The consumer rights (Law No. 78-22 of January 10, 1978)

III - business • The goodwill ° the concept of the Companies people and societies capital • The recovery and wind judicial business

CRIMINAL LAW

I - Concepts general criminal law · The offense (element - Classification) · The sentence (in penalties)

II - Definition of special criminal law · Violation of domicile and damage to privacy Misuse of wages and seized ° Infringements on lottery and Raffle · Insults and libel · outrage, rebellion, violence · false accusation

CRIMINAL PROCEDURE

I - Different jurisdictions • their composition · Their respective powers (and territorial allocation)

II - THE public policy • The Crown · The exercise of public action · The quotations, meanings · The Prescription of public action · The remedies

III - civil before the criminal court · Direct quote · Complaint with a civil · The Prescription civil action · The remedies

LABOR LAW
PROCEEDINGS industrial tribunal
RULES AND PROFESSIONAL MANAGEMENT STUDY

I - ethics • The status · The discipline ° The remuneration · The taxation acts of judicial

II - Organization Studies · The collective agreement of the profession · The accounting and management study

III - The practice of property sale · Popular, expertise sharing.

Examples of acts of judicial

Acts of judicial officers are classified into several categories which it is good to give a first look here:

  • Summons to pay is a friendly act issued before any procedure worth notice.
  • The Minutes of attachment of debts, are tangible examples of measures that can be diligent with or without judicial authorization, as appropriate. These measures can take security against the debtor until a court decision is rendered.
  • Summons, summons are acts that inform the defendant that a trial it is brought. Assignments include mandatory terms such as representation, the claims of his opponent ...
  • Service of Judgement, order are acts that inform the defendant that a court decision was rendered. The act of service involves the remedy available against the court decision.
  • Command to pay for seizure and sale is a document issued on the basis of an enforceable title (Judgement, injunction, appeal decision ...) who opens an eight-day period so that the debtor pay its debt. Otherwise, seizure and sale (furniture inventory) can be opened in his home.
  • Command to vacate a deed is issued on the basis of a court ruling that ordered the expulsion of the defaulting tenant.
  • Minutes input assignment is an act meant the hands of a garnishee and captures funds held by third parties on behalf of the debtor.
  • Minutes entry to inventory is selling furniture from a debtor, and opened a period of one month during which the debtor has the ability to sell the furniture inventory amicably. Otherwise, the forced judicial sale of the furniture is likely.

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Compliance and disciplinary bodies

The huissier de jusitce is part of Regulated Professions. As such, each huissier de jusitce is under a strict code of ethics under the control of Departmental Chamber of Judicial Officers. Similarly, it is checked for ministry represented by the public prosecutor (in France).

Statistics

At 1 st}} {{in July 2003, there were 3258 ushers in 2047 to study in France.

The average age of the profession is 42 years. This occupation has tended more and more feminized.

The huissier de jusitces employ approximately 10,000 employees and clergy. They mean every year nearly 11 million records, lavish 5 million annual legal advice and cover nearly 8 billion euros per year.

The future of the profession of huissier de jusitce

Parliamentary Information ReportWhat looms for what justice?Christian Cointat Reading Online. Highlights the difficulties by huissier de jusitces (see especially [# http://www.senat.fr/rap/r01-345/r01-345_mono.html toc596 c. judicial officers in recognition of evil]), including its overall negative image.

The monopoly of huissier de jusitces is sometimes called into question under European rules. The draft Bolkestein directive has given this particular debate on the front of the stage (see the information report ' 'What about the "Bolkestein directive"?, including # toc109 regulated legal professions). The services directive has however, excluded the huissier de jusitces of its scope. Indeed, the huissier de jusitces are holding a piece of public authority that can be given to foreign private companies. Their status Officers Ministerial, the huissier de jusitces guarantee a public service quality.

The usher in the world

Occupation of judicial officer is present in most European countries <! - Link asleep [1]-->.

the International Union of judicial officers and judicial officers shall ensure the development of the profession in the world, as a NGO member of Council Economic and Social Council.

In Quebec

In the province of Quebec (Canada), the judicial officer is a judicial officer entrusted to enforce judgments issued by any court. It also means the various civil proceedings.

The huissier de jusitce is a professional governed by a code of ethics and several law and rules. It has many powers and has the status of peace officer under Article 2 of the Criminal Code.

To become a huissier de jusitce, the candidate must have successfully completed a college (CEGEP) for obtaining a diploma of college studies in legal technique. It must then follow a one-month training at the Chamber of huissier de jusitces Quebec followed by a probationary period of 6 months. It will then be invited to a professional examination for a period of one day.

Bibliography

  • Denis Lochouarn,judicial officerOccupation, Paris, WCY, 1999, 219 p.
  • All documents relating to civil enforcement procedures (actors, rules) are in theCodeexecution, WCY, 2008, ISBN 978-2-910326-58-6
  • Victor Petitjean,The status of the judicial officer, Brussels, Bruylant, 1973, 216p.

Archives

Notes

  1. ^ Décret No. 96-1112 of 18 December 1996 regulating the activity of debt collection, on ref Légifrance.
  2. ^ See also: Debt Recovery .

See also

References

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