29 Nov Who pays the litigation’s legal costs in Spain after the new Legal Reform concerning judicial procedure?
On judicial cases dealt on first or unique court’s Instance, the court, when dictating a sentence or when solving the recourses or incidents therein promoted, will impose the legal costs to the party that has seen all its pretensions rejected, unless the court considers and thus gives reasons for it, that the case displayed serious factual or juridical doubts.
In cases of partial estimation or partial rejection of the pretensions, each party will pay their respectively caused legal costs and the common ones shall be paid by half, unless the court, reasoning it properly, imposes them to just one of them due to that party having maintained its action or having interposed the recourse with bad faith or recklessness.
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