Responsabilitatea funcționarilor judiciari și responsabilitatea statului sub oficierii curții: exemplul francez
Responsibility of judicial officers and responsibility of the state under court officers: the french example

Summary/Abstract: Widely understood, the responsibility of the bailiff corresponds to the obligation, weighing on the latter, to assume the civil, penal and disciplinary consequences of the poor performance of the missions entrusted to him. In this regard, this study first focuses on the state of French law on the civil liability of this professional who has the particularity of being both a ministerial officer holding a part of the public power. and the creditor's agent acting as a liberal agent. Thus, the rules governing the engagement (towards its client and towards third parties) and the implementation (determination of the competent jurisdiction and guarantee offered by professional liability insurance) of this liability are examined in turn. In a second step, the regime of the responsibility of the French State due to judicial officers is studied, as it emerges from the case law of the European Court of Human Rights.

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