Fields of professional activity

a. The Gerichtsvollzieher is as a civil servant limited to the tasks assigned to him by the Act on the constitution of the courts (Gerichtsverfassungsgesetz) and by other laws, however, this keeps them fully occupied too.

 b. The Gerichtsvollzieher has to perform his office in a neutral way, has to observe not only the interests of the creditor but those of the debtor as well and has to proceed strictly according to the legal provisions (in particular those of the code of civil procedure [Zivilprozeßordnung], 8th book) which regulates the tasks named under 1 c. He is subject to the duty of professional confidentiality, has to keep received money  with care and to pass it on, he has to provide for regular book-keeping and has to inform himself constantly about the developent of relevant precedents[1]. In view of the possibility of cases of liability caused by his own fault he has to take out liability insurance. As a rule, the State accepts liability for occurring damage, but in cases of intent or gross negligence, the State can have recourse against the Gerichtsvollzieher.

The Gerichtsvollzieher receives a salary according to the Salary Act (Besoldungsgesetz) in its current version and he also receives a part of the fees which he collects according to legal provisions as an additional part of his salary. Beyond that he receives a further part of his salary as compensation to make up for his office expenses (room, equipment and typist).

Service and office relations of the Gerichtsvollzieher are regulated in the code of Gerichtsvollzieher (Gerichtsvollzieherordnung) and in the internal instructions for Gerichtsvollzieher (Geschäftsanweisung für Gerichtsvollzieher) which can be obtained through booksellers.

[1] The German word is ‘Rechtsprechung’ (lit. jurisdiction); while a law of precedent in the Anglo-Saxon meaning does not exist in Germany, the Gerichtsvollzieher would have the duty to follow the judgments etc of the courts.

Dr Julian Lonbay
Copyright © 1995-2001 J Lonbay. All rights reserved.
Revised: 2000.
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