Succession, Bankruptcy and Stock Inventory: Bailiff Legal Assessment in Tunisia
Commercial and probate asset inventory in Tunisia: estate partition, company insolvency, stock seizures, and authentic deeds under CPCC Art. 415+.
Direct Answer: Why is a bailiff asset inventory essential in Tunisia?
Whether for a contested estate between heirs, a corporate insolvency or liquidation, or a commercial dispute over the value of a stock of goods, an inventory drawn up by a judicial bailiff (huissier de justice) in Tunisia is the only authentic instrument ensuring assets cannot be misappropriated or concealed. Pursuant to Articles 415 et seq. of the Code of Civil and Commercial Procedure (CPCC), the bailiff enumerates, describes, values and records furniture, operating equipment and stock in the presence of the parties concerned. This competence derives from Article 13 of Organic Law No. 2018-9 of 30 January 2018, which entrusts bailiffs with inventories and descriptive reports. In estate matters, under an ex parte order from the President of the Court of First Instance, the bailiff may also affix official seals to premises and safes before the inventory is complete. The inventory is also used when a commercial lease ends, to record remaining quantities, expired goods and damage.
The inventory at a glance
| Situation | Bailiff's role | Legal basis |
|---|---|---|
| Estate between heirs | Inventory of furniture, jewellery, accounts and vehicles in the presence of the parties; seals under an ex parte order from the President of the Court of First Instance | CPCC, Art. 415 et seq. |
| End of a commercial lease or return of premises | Record of remaining quantities, expired goods and damaged stock | Organic Law No. 2018-9, Art. 13 |
| Corporate restructuring or bankruptcy | Accurate inventory of realisable assets | Commercial Companies Code and legislation on companies in economic difficulty |
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Frequently Asked Legal Questions
Can the bailiff affix judicial seals during estate inventory?
Questions regarding this procedure? Contact our Tunis Office
Maître Nabil Baffoun's Office — 32 Avenue de la Liberté, Lafayette, 1002 Tunis