Glossary entry

French term or phrase:

Commissaire de justice

English translation:

Court Enforcement Officer

Added to glossary by Keith Jackson
Jul 27, 2020 16:34
3 yrs ago
173 viewers *
French term

Commissaire de justice

Non-PRO French to English Law/Patents Law (general) Bailiffs and
This appears in the letterhead of a French bailiff's partnership (SCP), just after Huissier de Justice, so I would like to make a distinction between the two. It is (or will be), of course, the new name of the profession (effective from 2022?). The document is an order for seizure and sale of goods.

"Commissaire de justice" est l'appellation de la nouvelle profession résultant de la fusion future des professions d'huissier de justice et de commissaire-priseur prévue par l'Ordonnance n°2016-728 du 2 juin 2016.
Proposed translations (English)
3 +1 Court Enforcement Officer
3 Legal officer

Discussion

wakky Nov 10, 2021:
Thoroughly late to the party here, but the international association to which huissiers/commissaires de justice belongs translates the term as 'Judicial Officer'. Bailiff is widely used to translate the similar profession in various jurisdictions, but gives a misleading impression, since bailiffs (now officially called civil enforcement agents) in England and Wales are much less highly qualified and have a much more limited role in civil enforcement.
Suzie Withers Jul 28, 2020:
@SafeTex Yeah, I just thought "Commissioner of Justice" it was a bit too vague (as Mpoma said) and that the French site did a "word for word" that doesn't really mean much. I can't find evidence of an "official" translation of the term, although this might be out there somewhere.

I might suggest Court Enforcement Officer though, as that is probably a better indication of the combined role.
SafeTex Jul 28, 2020:
Commissioner of Justice Hello
Doesn't Suzie's use of this term plus the fact that she gives a reference to a French site that has this in English qualify as a suggestion? (Commissioner of Justice) ?
Maybe Suzie can put this up as a suggestion?
Regards
Suzie Withers Jul 27, 2020:
@Phil I guess I think of a bailliff purely as the person who knocks on the door and takes your TV! Whereas "enforcement officer" is a bit more vague... That might just be my perception though
philgoddard Jul 27, 2020:
Yes, the full title is "commissaire-priseur judiciaire". The profession of bailiff is being expanded to include them, which is why I think the old and new names can be translated simply as "bailiff". "Court enforcement officer" is a synonym of this.
Suzie Withers Jul 27, 2020:
Court enforcement officer? "Enforcement" is used in the UK for bailliffs so I think this could cover both roles potentially? I assume the auctioneers are auctioning repossessed property seized by bailliffs?
Mpoma Jul 27, 2020:
@ philG: commissaire-priseur is "auctioneer"... how does "bailiff" cover that?

SuzieW: yes, I suppose that's why Keith is asking the question. "Commissioner of justice" sounds very Batman and Robin, like they're in charge of policing a whole conurbation, if not a country.
Suzie Withers Jul 27, 2020:
commissioner of justice This article calls the new role the "commissioner of justice", which is a bit vague!

https://www.autoritedelaconcurrence.fr/en/communiques-de-pre...
philgoddard Jul 27, 2020:
If they're just different names for what is basically the same profession, why not just combine them into one and say bailiff?

Proposed translations

+1
16 hrs
Selected

Court Enforcement Officer

I think this term is less vague than Commissioner of Justice (the more literal translation of the term) and would cover the dual role of seizing and auctioning property.

In the link provided, the role is described and covers both seizure and auctioning of property:

"Without invitation, the High Court writ of control authorises the High Court Enforcement Officer and their designated Enforcement Agent to access land and enter buildings. This is for the purposes of obtaining payment in full or if this and no payment plan can be agreed, the High Court Enforcement Officer/Enforcement Agent can seize (take control of) the debtors goods and assets. These can be removed and sold via public auction to meet the value of the debt owed. It should be noted that goods sold at auction are often significantly below the market rate. The Enforcement Agent will therefore take control of goods with this in mind. All the more reason for the debtor to pay in full or agree a payment plan."
Peer comment(s):

agree AllegroTrans : this will work and in my experience there are no "official" translations into English for terms specific to France unless they come into the realm of EU law, Hague Convention etc.
1 hr
Thanks AllegroTrans :)
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4 KudoZ points awarded for this answer. Comment: "I've chosen this because it can cover both roles."
43 mins

Legal officer

Look up "commissaire" in Wiktionnaire. It's clear that it just means "manager" ... but it's also got to have some sparkle born of the fact that this is a state appointee (bigger respect, nicer pension, traditionally secure tenure, etc.).

Basically, take your pick as it's a new office.

It's also a funny new office: huissier, "bailiff", and commissaire-priseur, "auctioneer", have remarkably little in common. So it's probably going to be quite vague.

"Commissioner of justice" is laughable, incidentally.
Peer comment(s):

neutral philgoddard : I think this is too vague - it could mean anything. And a huissier and a commissaire-priseur judiciaire have a lot in common - one seizes property, and the other sells it.
29 mins
Um, perhaps you need to look this up: a commissaire-priseur can be any kind of auctioneer. So to say they have "a lot in common" is slightly optimistic.
neutral AllegroTrans : I find this vague, there are all sorts of legal officers and huissiers/bailiifs are only one variety among many
1 hr
Yes, and a commissaire-priseur ain't no bailiff. And yet the offices are being combined. I now use your "combined court" for "tribunal judiciaire" by the way. Perhaps this should be "combined officer"?
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