Cheltuieli de judecată. Onorariu de avocat. Reducere

Court expenses. Attorney’s fee. Reduction

Abstract

The grounds for granting court expenses, which also include the amounts of money paid as attorney’s fee, is the trial-related fault of the party which lost the trial.

The contract concluded between the party which won the trial and the attorney in respect of the attorney’s fee also produces effects in respect of the party which lost the trial, although such was not a party to its conclusion, and the ground for this fact is one of the principles underlying tort civil liability: the principle of full repair of the prejudice.

By application of the provisions of Art. 274 of the Code of Civil Procedure, no intervention shall occur in the judicial assistance contract, which produces full effects between the parties, but the extent to which the fee of the party which won the trial has to be borne by the party which lost the trial is only assessed by reference to the size of the claims and...