The cost law deals with the costs (regular fees and expenses) for administrative actions (administrative cost law), court actions (court costs law, litigation costs law) and the actions of authorized representatives, in particular lawyers and notaries.
Administrative cost law
Administrative cost law is regulated in the administrative cost laws and local tax laws of the federal states as well as in the Federal Fees Act (BGebG).
There is also the law on administrative enforcement costs.
The expense of accusable police costs, e.g. B. towing away , false alarms , bomb threats , will be charged to the person responsible (possibly via the judiciary).
Court costs law
The law on court costs can be found in the Court Fees Act (GKG) and in the court and procedural codes of the various jurisdictions.
Lawyers and notaries
The legal basis in the field of voluntary jurisdiction was initially the cost regulations (KostO) of July 26, 1957, as last amended on December 15, 2004 ( Federal Law Gazette I 1957, 861, 960).
On August 1, 2013, the 2nd Cost Law Modernization Act (KostRMoG) came into force. With Art. 45 No. 1 KostRMoG the KostO was repealed, costs by the courts in matters of voluntary jurisdiction and by the notaries for their official activities have since then only been charged according to the Court and Notary Fees Act (Section 1, Paragraph 1 GNotKG).
The remuneration of attorneys has been regulated since July 1, 2004 in the Attorney Fees Act (RVG), which replaced the Federal Attorney Fees Regulations (BRAGO).
In Austria, in addition to the various provisions in the procedural laws on the question of who has to reimburse whom for costs (e.g. §§ 40 ff ZPO), the lawyers' tariff law (RATG) including the normal cost tariff (NKT) and the autonomous fee guidelines (AHR) regulate the amount the costs that arise from the appointment of a lawyer. In Austria, however, the so-called "Quota-Litis" ban applies. This term describes the agreement between the lawyer and the person represented that the lawyer receives a percentage of the amount won in the event that the case is won.
- Martin Otto: On the history of German cost law. In: Christian Fackelmann / Jörn Heinemann (eds.), Court and Notary Fees Act. Hand Commentary , pp. 31–42. Nomos, Baden-Baden 2013, ISBN 978-3-8329-7665-1 .
- ↑ BGBl. I p. 2586
- ↑ Find a lawyer? Keep these important tips in mind! Retrieved April 17, 2020 .