الطبيعة القانونية لتفويض المحضر القضائي

الملخص EN

Traditionally, both of administrative and public services, as forms of delegation, are considered as legal mechanisms approved by the comparative legislation, which contributes in mitigating the burden of the central authorities in order to bring closer the favors performed by the public services to people, except traditional services of a sovereign nature, monopolized by these authorities, given their specificities, such as the judicial services as sovereign services, although it's quite clear that this service has shifted from the rule after having delegated a part of its main specificities-notification and execution-to the bailiff as one of the legal persons of private law, by virtue of a delegation which is-at least-a mixture between the administrative delegation in its two forms (delegation of competency, delegation of signature) and the public service delegation (concession contract, unilateral delegation).