CHELTUIELILE DE JUDECATĂ. CALIFICARE JURIDICĂ. REGIM JURIDIC. O ABORDARE RIGUROASĂ SAU RELAXATĂ?
LEGAL COSTS. LEGAL QUALIFICATION. LEGAL REGIME. A STRICT OR A RELAXED APPROACH?

Summary/Abstract: Over the years, the claim for granting the legal costs in the civil lawsuit was not given a proper attention. Starting with 1959, following a decision of the Supreme Court, the doctrine and the case law took over by reflex, until it became general knowledge, the idea that one could make a claim for granting the legal costs at any time until the debates on the merits of the case were closed, the court even being able to notify the parties about this possibility. This study is meant to raise awareness about this practice that has become undisputable, by giving the claim for granting the legal costs the correct legal qualification in relation to the Civil Procedure Code. Thus, we will argue that this claim cannot be left to a party`s discretionary will, as it has to strictly obey the rules regarding the submission of a claim in front of the court. As such, the consequences of non-compliance with such rules could be among the most spectacular, even leading to the impossibility of claiming these legal costs by a separate lawsuit.

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