Liability of a private enforcement officer

Under Article 441 of the Code of Civil Procedure, a private enforcement officer is liable under Article 45 of the Obligations and Contracts Act for damage caused by compulsory enforcement conducted in breach of procedural law. Under Article 74(1) of the Private Enforcement Officers Act, an officer is liable for damage unlawfully caused in the course of their work.

The officer owes compensation for all damage that is a direct and immediate consequence of the wrongful conduct. Liability requires unlawful conduct by the officer, harm sustained in the course of the officer’s work and a causal link between the two. The proper defendants under the Private Enforcement Officers Act are officials who enforce court judgments, in respect of acts performed in the course of or in connection with that work. The nature of the activity is decisive. Private enforcement officers must compensate all harm that follows directly and immediately from the wrong. This means that the claimant’s legal interests were directly affected and that the claimant would not have suffered the harm but for the officer’s unlawful act or omission. Only harm that is a typical, normally occurring and necessary consequence of the wrongful event is direct damage: it must be an adequate consequence of that event.

This article does not provide a legal opinion or advice about any particular person or situation. For assistance with a similar case, consult a civil lawyer experienced in the enforcement of judgments.