ACORDAREA CHELTUIELILOR DE JUDECATĂ CONSTÂND ÎN ONONARIUL AVOCAŢILOR ÎN PROCESUL CIVIL ROMÂN, CREAREA UNEI PRACTICI UNIFORME A INSTANŢELOR DIN ROMÂNIA
AWARDING THE ATTORNEY’S FEES IN THE ROMANIAN CIVIL TRIAL, CREATING CONSISTENCY IN THE ROMANIAN COURTS PRACTICE

Summary/Abstract: The article focuses on the practice of the Romanian Courts in awarding the attorneys’ fees of the awarded litigating party in the Romanian civil trial and the dichotomy between the different approaches of the attorney’s fees incurred by the awarded litigating party. An analysis of the criteria used for obliging the default litigating party to pay the attorneys’ fees of the awarded litigating party as judicial expenses shall be made to show the interdependence of the material provisions governing the legal assistance contract and the procedural relation created between the default litigating party and the awarded litigating party in the civil trial. The article shall consider the lack of substance of the abuse of law and the delictual liability as a reasoning used by the Romanian Courts in decreasing or not awarding the attorneys’ fees as judicial expenses for the awarded party and the criteria applied by the European Court of Human Rights for such cases as an instrument of creating consistency in the Romanian Courts practice in this field.

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