POSIBILITATEA ACORDĂRII, PE CALE SEPARATĂ, CU TITLU DE CHELTUIELI DE JUDECATĂ, A ONORARIULUI DE SUCCES PLĂTIT DE PARTE AVOCATULUI
THE POSSIBILITY OF GRANTING, SEPARATELY, AS LEGAL EXPENSES, THE SUCCESS FEE PAID BY THE PARTY TO THE LAWYER

Summary/Abstract: Abstract (en): The possibility of obliging the party that lost the case to pay, as legal costs, the success fee has generated a real problem of non-uniform practice, since there were courts that considered that the success fee is not included in the notion of legal costs, within the meaning of the provisions of art. 453 of the Code of Civil Procedure, since it does not constitute an expense incurred until the completion of the trial, having the nature of an additional reward for the work actually performed by the lawyer, with a clearly voluntary and voluptuous character. Among the limitations of the right of submitting file to the court are the expenses involved in civil proceedings. This article will address the notion of legal expenses in a narrow sense, more precisely the assessment of the legal expense character of the success fee assumed prior to the conclusion of the case and paid subsequently. We will try to provide a „legal release” of the legal expense character of the success fee by assimilating it, or not, with what is understood by legal expenses generated by a civil lawsuit.

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