Court charges in the civil trial requested through a separate action
Court charges in the civil trial requested through a separate action
Author(s): Raluca Lucia PaulSubject(s): Civil Law, Human Rights and Humanitarian Law, Court case
Published by: Editura Universitaria Craiova
Keywords: court charges; procedural fault; coverage of the damage;
Summary/Abstract: Starting a civil lawsuit involves the parties incurring expenses that they must bear, expenses that consist of paying stamp duties where required by law, attorney's fees, expert's fees, travel expenses, accommodation, etc. In addition to the role of a procedural sanction of the person who loses the lawsuit, the court costs also have the role of compensating the party who won the lawsuit and who is not guilty of initiating judicial activity. Court costs are granted at the request of the interested party and will be borne by the losing party. The basis for their award by the court being the procedural fault and the full coverage of the damage caused to the winning party. The failure of the party to claim the costs does not lead to the extinction of the right or to cover the damage caused by initiating legal proceedings. The interested party, being entitled to exercise his right by way of a separate action based on tortious civil liability.
Journal: Revista de Științe Politice. Revue des Sciences Politiques
- Issue Year: 2022
- Issue No: 75
- Page Range: 9-18
- Page Count: 10
- Language: English