La răscruce de coduri - exonerarea pârâtului de la plata cheltuielilor de judecată
At the crossroads of codes - the defendant's exemption from paying legal costs

Summary/Abstract: According to Article 453 of the New Code of Civil Procedure, the party that loses the case shall be obliged, at the request of the winning party, to pay the latter's legal costs. The rationale for awarding legal costs revolves around the concept of procedural fault, meaning that the losing party bears both its own costs and those of the winning party. Article 454 of the New Code of Civil Procedure, adopting the legislative solution provided by Article 275 of the 1865 Code of Civil Procedure, regulates an exception to this rule, known as “Exemption of the defendant from payment of legal costs.” According to this provision, the defendant who acknowledges the plaintiff’s claims at the first hearing where the parties are legally summoned cannot be ordered to pay legal costs, except in cases where the plaintiff had previously placed the defendant in default or the defendant was legally in default.

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