Legal tip 1382. Judicial costs in Spain
Wednesday, April 27, 2016 @ 11:56 AM
Judicial costs are regulated in Articles 394-398 of the Civil Procedure Act.
The principle of defeating: Costs will be imposed on the party which has been rejected all claims, unless the Court appreciates, with enough legal foundation, that the alleged claim is doubtful in either fact or law basis. Case Law needs to be included necessarily as part of the fundaments.
In the event that the admission or dismissal of the claims is partial, each party must pay the costs it has caused and common costs will be paid by half unless the court appreciates that any of them has litigated recklessness.
There is a restriction on the payment of fees to lawyers and professionals who are not subject to tariff , so that the total costs amount cannot exceed one-third of the amount of the process by each one of the litigants who receives such a pronouncement, unless the Court declares the recklessness of the litigant ordered to pay costs, in which case there should be no such limitation.
Dismissal of all claims included in an appeal will lead necessarily and in accordance with Article 398 of the Civil Procedure Act, to the imposition of costs to the applicant. If estimation is partial, costs will not be imposed to any of the litigants. With the always applicable exception of the case presenting serious questions of fact or law.
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