Status prawny i zadania komornika w Niemczech
Legal status and duties of a bailiff in Germany
Author(s): Bartosz StróżewskiSubject(s): Civil Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: German judical enforcement offcier; enforcement proceedings in Germany; German enforcement law;
Summary/Abstract: The article analyses the legal status and duties of the bailiff in Germany, where they act as an independent judicial authority. All enforcement authorities in Germany and their tasks are briefly characterised. In the following section, the author examines the position of the bailiff, their role as an intermediary between creditors and debtors, and the impact of their actions on the effectiveness of the enforcement of court decisions. The analysis is based on the key legal acts regulating the enforcement system in Germany, such as the GVGA, the GvKostG and the ZPO. It is pointed out that the role of the bailiff is not limited to the formal aspects of enforcement, but is evolving towards performing management, advisory and social functions. Highlighting the legal basis of the bailiff's activity, the supervision of their actions, both judicial by the court and official, was covered. The compensation of the bailiff is then briefly described, emphasising that, in addition to a fixed salary, the bailiff receives a percentage of the fees collected as a result of the enforcement. Given the lack of publications on this topic in the Polish academic literature, this general analysis is crucial to embark on further research.
Journal: Kortowski Przegląd Prawniczy
- Issue Year: 2024
- Issue No: 3
- Page Range: 67-77
- Page Count: 11
- Language: Polish