REIMBURSEMENT OF COSTS IN CASE OF WITHDRAWAL OF THE CLAIM AND WAIVER OF THE CLAIM UNDER THE 2019 CIVIL PROCEDURE ACT

Abstract

Prior to the 2019 Civil Procedure Act Amendments, the plaintiff who withdrew the claim was required to reimburse the litigation costs, unless the claim was withdrawn immediately after the defendant had satisfied the plaintiff's request, in which case the plaintiff was obliged to reimburse the defendant. These provisions were amended in 2019 whereby a plaintiff who  withdraws a claim or waives a claim is obliged to reimburse the defendant for the costs of the proceedings, unless the plaintiff has taken such action after the defendant complied with his claim or for other reasons attributable to the defendant, in which case the defendant is obliged to reimburse the costs of the proceedings. The paper, in the framework of the systematic and complete treatment of the institute governed by the aforementioned standards, seeks to determine the meaning and reach of the new amendments. Special focus is on a number of positions taken in jurisprudence and doctrine based on the pre-existing organization of the institute from the aspect of its new normative regulation.