REIMBURSEMENT OF COSTS IN CASE OF PARTIAL SUCCESS OF THE PARTIES IN THE LAWSUIT

Abstract

In this paper the author analyzes certain solutions of the Amendment of the Civil Procedure Act from 2019 on the reimbursement of costs according to the principle of responsibility for success and responsibility for guilt or case. The paper outlines the most significant novelties, the novelties are analyzed in relation to the partial success of the parties to the litigation. When deciding on the costs of civil proceedings in the case of partial success of the party in the lawsuit, what should be taken into account, in principle, is both the prosecutor’s and the defendant’s success in the lawsuit, and the decision on which party will bear the obligation to reimburse the costs of the proceedings shall be brought through the application of the rule of procedural offsetting of the lawsuit costs. The objective of this rule is to avoid unwarranted lawsuit or filing of exaggerated claims without consequences. But, it can happen that the costs of the party that is less successful are significantly higher than the costs of their opponents. This party, although more successful, can be obliged to reimburse the amount of the difference, which may result in restriction of the right of access to court.