The provisions of this Title apply to judicial auctioneers and other public or ministerial officers selling movable property, with the exception of those of paragraph 1 of sub-section 1 of section 2 as regards notaries and bailiffs who perform these functions pursuant to 3° of the article 1 of the law of 1 June 1924 introducing French commercial laws into the departments of Bas-Rhin, Haut-Rhin and Moselle.
Where two or more judicial auctioneers intervene in the same auction or sale, no additional remuneration shall be due by the parties; the sharing of emoluments, excluding discounts, shall be done in accordance with the rules laid down by the judicial auctioneers section of the Chambre nationale des commissaires de justice. The discount respectively granted by each intervener shall, where applicable, be deducted from the share due to him pursuant…
When the judicial auctioneer is appointed for an expert mission by a court, his fees are set in accordance with the rules applicable to the remuneration of experts.
It is forbidden for judicial auctioneers, under penalty of disciplinary sanction, to share their emoluments with a third party or to accept that a third party remit to them all or part of the remuneration received by him.
The transport of furniture between the seller’s or buyer’s home and the auction room may not be undertaken either directly or indirectly by judicial auctioneers.
The sales report must mention before the start of the sale all items specified in catalogues and other advertising documents or exhibited as to be put up for sale and withdrawn from the sale; the reason for withdrawal is indicated. All items put up for sale are mentioned in the minutes as they are put up for sale, with an indication of the name and address declared by the buyer;…
Judicial auctioneers shall declare to the disciplinary chamber each quarter the number of sales carried out and the amount of each sale. A judicial auctioneer who combines his duties with those of a bailiff must make the declaration mentioned in the first paragraph to the chamber of discipline of judicial auctioneers.
Where, pursuant to the second paragraph of article 16 of decree no. 56-222 of 29 February 1956, a bailiff entrusts the service of a document to a colleague, the corresponding emolument is paid to the bailiff initially seized, then shared with the serving bailiff. The rules for sharing fees, excluding rebates, are as follows: 1° The bailiff who drafts the document receives one third of the emolument for the service;…
The service of judicial or extrajudicial documents from abroad gives rise to the collection by the bailiff of a fixed fee. The documents served are forwarded to the bailiff together with the corresponding payments, except where the applicant is in receipt of legal aid.
The service of documents abroad gives rise to the collection of a flat-rate fee when a document is drawn up recording the date of transmission of the request for service. Any additional services required by the ministerial officer to prepare the documents transmitted for service do not give rise to any other remuneration.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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