The Civil Liability of a Bailiff

Authors

1 judge in Supreme Court

2 Judge Disciplinary Court of Judges

3 Judge Justice

Abstract

The present research is based on library and documentary method. Duties, assignments and powers of bailiff as a civil servant in charge of enforcement of provisions and stipulations of judgment and writ of execution have been studied specifically in the Civil Judgments Enforcement Act. Since implementation of justice is of sovereignty affairs, enforcement of justice which is the result of fulfillment of justice and its concrete manifestation demonstrated in the judgment, will be referred to the bailiff through writ of execution for enforcement or in accordance with the written laws will be put into force (like enforcement of an injunction). The results of the research show that if the bailiff intentionally causes damage to other person he will be held responsible. Sovereignty acts of the judiciary will not negate his responsibility in causing losses as a result of negligence. In view of duties of bailiffs, he will be personally held accountable for losses caused by him. In distribution of responsibility, except for cases explicitly stated in the law, one cannot accept that responsibility is to be held jointly and severally.In combination of means, where the court is involved this way or that, the bailiff will not have any responsibility. Should all factors play an equal role, they will be responsible on equal basis. With faults in means of enforcement, the bailiff will not be responsible. Where damage is caused as a result of fault in means of government and the negligence of the bailiff, they will be both responsible. If means vary in causing of damage, administration of justice requires that the responsibility be distributed proportionate with the extent of involvement.

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