By Raphaël MORENON
1 April 2025
Embarking on legal proceedings, whether to assert one's rights or to defend oneself, inevitably raises the question of costs. Over and above the legal issues themselves, a legitimate and frequent concern is the final financial burden: who will have to bear the costs generated by the lawsuit? Legal language often uses the term "costs", but this notion, although central, does not cover all the sums incurred. Another category of costs, often substantial, known as "irreducible costs", is governed by different rules. The aim of this article is to shed some light on these fundamental concepts. We will define what costs are, explain who generally has to pay them and, above all, clarify the essential distinction between these costs and the other costs governed by the famous article 700 of the Code of Civil Procedure. Understanding these mechanisms is an essential first step...
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