Chapter I: Of Judicial Expenses

In contentious causes the parties can be compelled to pay something by title of judicial expenses, unless they are exempted from this burden according to the norm of can. 1914-1916.

§ 1. It belongs to the Provincial Council or the meeting of Bishops to establish a schedule and rule of taxes, in which it is predefined what the parties owe for judicial expenses; what compensation for the work of advocates and procurators is to be paid by the parties; what measure of payment there is for translations and transcriptions, for examining these and making faith concerning their fidelity, and likewise for copying documents from the archive.

§ 2. The judge, however, according to his prudent judgment, can demand that the money due for judicial expenses, for the indemnity of witnesses, and for the honoraria of experts be deposited beforehand at the chancery of the tribunal by the party who petitions or, if the judge acts from office, by the actor, or at least that suitable caution be furnished that the money will be paid afterward.

§ 1. The defeated party is regularly held to restore judicial expenses to the victor both in the principal cause and in the incidental cause.

§ 2. If the actor or defendant has litigated rashly, he must also be condemned to reparation of damages.

If the actor or defendant has only partially succumbed, or the lawsuit was conducted between blood relatives or affines, or a question very difficult was treated, or for any other just and grave cause, the judge according to his prudent judgment can compensate the expenses between the litigants wholly or in part; and he must express this in the very tenor of the sentence.

If there are several in the cause who deserve condemnation to expenses, the judge is to condemn them in solidum if there is question of a solidary obligation; otherwise pro rata.

§ 1. From a pronouncement concerning expenses there is not given a distinct appeal; but the party who thinks himself burdened can make opposition within ten days before the same judge, who will be able to take cognizance of this matter anew and amend and moderate the taxation.

§ 2. Appeal from a sentence concerning the principal cause carries with it appeal from the pronouncement concerning expenses.