Success fee requested by a separate action

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

According to art. 129 paragraph (6) of the Law on the legal profession, the lawyer shall be entitled, in supplementing the established fee, to request and obtain also a success fee, additionally, depending on the result or on the performed service. The provisions of art. 453 of the Code of Civil Procedure may represent only the legal basis for the ancillary request on granting court expenses in the dispute for which they were incurred. The legal basis of a claim by which the adverse party is required to pay a sum of money equal to the equivalent value of the court expenses that the plaintiff incurred in a prior legal proceeding, shall be given by the provisions of substantive law regulating the institution of tort.