Civil Litigation Costs

• Author: Armend Ahmeti
• Position: Master Student, University of Pristina Hasan Prishtina, Faculty of Law, Pristina, Kosovo
• Pages: 94-103

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 3/2017

94

Civil Litigation Costs

Armend AHMETI

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Abstract: This paper will present to the reader and all other stakeholders all of the most important

elements of civil litigation costs. Herewith, I answered the question of who is obligated with paying

the procedure costs at the end of the procedure, who is relieved of these expenses, who is obligated to

prepay for expenses, which is the competence of court during deciding upon expenses, which

categories of persons are exempt from paying court fees for lawsuits etc. During this brief and

substantive analysis, I have analyzed the provisions on civil litigation costs of the respective laws on

the contested procedure of the states of Kosovo, Croatia, Serbia, Albania and Bosnia and

Herzegovina. Especially, I have devoted a more detailed analysis of Kosovo legislation.

Keywords: civil procedure; civil litigation costs; contested procedure; lawsuits; legislation

1. Introduction

First of all, the costs of civil court proceedings are a very important and sensitive

part of the contested procedure of each state. When the interested party addresses

the court with a request to protect or restore its subjective right, it is obligated to

make a payment for court services. This payment is paid into the state budget. Civil

litigation costs are the costs incurred during the process and the costs associated

with the contested procedure. Somebody has to pay these costs. Either the plaintiff,

either the respondent party. The question of who should pay the costs at the end of

the contested procedure is given a response from the “Culpae” principle and the

“Causae” principle. More on these principles will be discussed below.

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Master Student, University of Pristina Hasan Prishtina, Faculty of Law, Pristina, Kosovo, Address:

Kosovo, Gjilan, str. Beqir Musliu, XVI/276, 60000. Tel.: +37745218942, Corresponding author:

mennd-@hotmail.com.

AUDJ, vol. 13, no. 3/2017, pp. 94-103