مصاريف الخصومة: دراسة مقارنة

Abstract EN

If filing a lawsuit before the judiciary is a right established for every citizen who requests judicial protection if his right is attacked, then this entails fees and expenses that must be paid, as the judiciary is not free, as some like to describe, and the advantage of free in it is that the litigant does not bear the judges' salaries, but the state its performance.

The concept of expenses may be confused with other legal concepts such as fines, expenses and fees, which requires showing the differences between them, and setting determinants that, distinguish one from the other.

In order to judge the expenses, the pending case before the court must be terminated by a ruling ending the litigation and the court's removal from it, and there must be an existing litigation between two or more parties, given that the preparatory decisions that do not end the case do not rule the court with the expenses that resulted, and if the ruling does not It must end in favor of one of the parties, so whoever bears the expenses in this dispute is the losing party.

If we ask about the basis on which to judge the costs of the lawsuit, then the jurisprudence has put us before several options.

It may be the idea of punishment; it may be the idea of error, and finally the idea of law.

As it ended.