Civil tort liability. Court expenses paid in other legal proceedings. Proof of loss

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

Under the circumstances in which the claimant opted for separately requesting the court expenses in a subsequent and distinct dispute, filing such a claim by way of the main application, it follows that the subsequent dispute is autonomous in relation to the initial dispute, which is subjected, from the procedural point of view, to certain own rules of judgment and production of evidence. Therefore, the legal basis of the application is not directly represented by the provisions of Article 452 et seq. of the Code of Civil Procedure (applicable rules in the event that the request for granting the court expenses would have been filed by way of an accessory claim in the originating dispute), but the provisions of the Civil Code, governing the institution of the civil tort liability, namely Article 1.357 et 
seq. of this code. 

It follows that Article 452 of the Code of Civil Procedure is not applicable in this case, except in relation to the court expenses requested in this dispute. The proof of the requested claims, respectively of the damages consisting in the amounts paid as court expenses in the previous case, shall be made in the dispute brought before the court at present, according to the common law, in compliance with Article 249 et seq. of the Code of Civil Procedure.