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Universul Juridic magazin

The moral side of the bailiff’s behavior in the client consultation procedure

This article approaches the ethic and oral issues referring to the relationship between the bailiff and the client resulting from the principle of transparency of his activity, which are provided for both in the Deontological Code of the bailiff of the Republic of Moldova, and in the Romanian Deontological Code, as the lack of transparency may seriously affect the image of the profession of bailiff. For this reason, the relationship between the bailiff and the applicants for his services and the parties to the forced execution procedure has to be developed according to the principle of equality before the law and of the mutual respect to a fair resolution of the case. Special attention is paid to the principle of trust, which has to be dominant in the relationships between the bailiff and all the other persons referring to his services. It is noticed that during the procedure of communication between the bailiff and the client, it is firstly required that both parties show honesty and sincerity, as the lack of these qualities may affect the result, especially on the part of the applicant. The author reveals that the observance of the principle of honesty and sincerity by the applicant serves as recommendation, and concerning the bailiff, it represents a categorical requirement. Likewise, it is revealed that the bailiff must not become an employee of the applicant for his services, but he must be a faithful defender of the latter’s interests, he is obliged to exercise his profession of bailiff in exchange of the fee paid by the applicant, to defend the legitimate interests of the applicant for his services with all the legal means, based upon the principles, rules and moral values provided for in the deontological codes of bailiffs.