Competing the party costs
The contest for party costs is a basic cost decision according to the Swiss Code of Civil Procedure with the wording The party costs are compensated.
In principle, the process costs are imposed on the unsuccessful party (Art. 106, Paragraph 1, Clause 1 ZPO). In addition to its own expenses, the latter also has to pay those of the litigation opponent. If neither party is completely successful, the process costs will be distributed after the outcome of the proceedings (Art. 106 Para. 2 ZPO). Under the conditions of Art. 107 ZPO, the court can deviate from these distribution principles and distribute the legal costs at its own discretion.
Betting means that each party bears its own costs, in particular its necessary expenses such as legal fees, and the court costs are shared. The competition of party costs is usually ordered by the court if the parties each win in roughly equal shares, usually also in marriage protection and divorce proceedings. It is often agreed by the parties even if they can agree on a court settlement .
In German procedural law , one speaks of cost cancellation .
Web links
- Compensation for litigation Information on the subject of compensation for litigation in Switzerland / compensation for litigation depending on the outcome of the proceedings. Retrieved December 28, 2016.
- Decision of the 1st Civil Chamber of the Higher Court of the Canton of Bern of January 4, 2013, ZK 12 479, published February 2013
- Decision of the Federal Supreme Court , BGer 4A_384 / 2014 of November 12, 2014, Recital 7, No. 55 ff.
Individual evidence
- ↑ See in detail on the distribution of litigation costs including court costs and party compensation: Lukas Müller / Sandro E. Obrist / Patrik Odermatt, Controversy on Party Compensation - The Criterion of Necessity for Professional Representation to Determine Party Compensation, Current Legal Practice, 26 (2018) 979-989 .
