In civil proceedings legal costs represent amounts of money that are paid by the person seeking assistance of the court. In a broad sense, the concept is a charge for activities in General, and individual action. Individual actions can make the organs of the court, or individuals who perform judicial duties. The concept also assumes expenses of doing business-hiring an attorney.
Court fees and fees for the proceedings is payable in advance. Payment shall be made by the party who requires the Commission proceedings. If a demand advocated by the two parties, then litigation costs are covered by them equally.
The decision provides for a definition of the opponent, which should reward. Also set when deciding the party who will provide reimbursement of expenses to the other party. The amount of spending is determined in accordance with the given in the process data. If it is not possible to install in the formulation of the solution, justified party shall have the right to find the sum of the Executive order.
Court costs shall be established in accordance with the principle of "retribution" in the modern civil proceedings. The state, providing the security and protection of civil rights charge for their services.
It Should be noted that in ancient times in Russia (in Western countries), the court was considered one of the most profitable articles of government. So by sending their representatives to collect specific revenues in the region, the princes instructed the officials and violence as an integral part of income. Fees received in favor of the Prince or themselves sent.
In the judgment was defined different penalties. So, the higher was the face of a permitting dispute, the more I was spending. In this case the costs were paid by the accused in favour of the court and the successful party.
Before the publication of the first code of law was used three types of fees. So, charge a fee for the call to justice, "field" and with the global transaction. With the introduction of the law was installed about eleven kinds of charges. For each instance was their duty. The recovery was carried out after the process. However, at the time of Commission of judicial action in the lawsuit was given bail. During the reign of king Boris all fees were converted to Treasury. The judges were given the right to make voluntary offerings.
In the period of the code the fees constituted a special system. So, were imposed duties in favor of the office and courts and sovereign duties (in favor of the Treasury).
In pre-reform Russia was established four types of fees. It was:
According to the statutes from 1857, the year spending recoveries in any case, with the side deemed wrong. Thus, the loser would reward the opponent for all losses and expenses, regardless of the penalties, which were produced at the request of the acquitted. The old process involved the conduct of Affairs on plain paper. But at the end of the procedure was carried out the collection of stamp duties for all the used paper. Subsequently, the Charter was cancelled this fee. Later was abolished fines for presenting rejected claims.
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PT: https://tostpost.com/pt/a-lei/26394-custas-judiciais.html
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Alin Trodden - author of the article, editor
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