SECTION VIII - Court Fees

Author:E. J. Cohn and G. Meyer
Profession:Sir
Pages:42
 
FREE EXCERPT
  1. The ZPO does not deal with the amount and computation of Court costs or fees (hereinafter referred to as Court fees). The sections 91 to 107 headed 'Costs of Proceedings' merely deal with the duty of the losing party to compensate the winning party for all the costs of the proceedings.

    (See on this subject para. 40 below.) The law relating to Court fees is contained in the 'Statute relating to Court Fees' (Gerichtskostengesetz (GKG) of 5 July, 1927 (RGBI 1, 152). It has been amended so frequently that it is impossible to list all the amendments here, and it is advisable to consult the text of this law in one of the recent reprints, e.g., in Sch6nfelder's Deutsche Reichsgesetze, 1948. Only a short summary of the basic points of this law can be given here.

  2. The amounts payable in respect of court fees depend on the Streitwert (see para. 16 above) which, if disputed, is fixed by the court. The appropriate scale is set out in section 8 of the GKG. The basis is what might be called the fee-unit (volle Gebiihr); which amount depends on the Streitwert.

    How often this fee-unit is payable in the course of an individual law suit, depends upon the amount of work which the court has performed. The principal rule which is contained in section 20, GKG, states that 'one feeunit is payable for the proceedings in general, one for the taking of evidence and one for a judgment after trial in court.' EXAMPLE: A has brought an action aganst B for 10,000 DM. B admits the facts pleaded by A, but denies liability on legal grounds. Judgment is given against B after arguments on the question of law, but without any evidence having been taken. In this case the amount of the fee-unit (on the basis of DM 10,000) is 130 DM (see above). This fee-unit is payable twice: once for the proceedings in general and once for the judgment.

    The court fees in this case are therefore 260 DM. Had evidence been taken, it would have been 390 DM, i.e. three fee-units.

    In addition to the court fees, court expenses (Auslagen) are payable. The details will be found in sections 71ff., GKG). The main court expenses are copying fees, postage and fees payable to witnesses and experts. Under German Law the witnesses and experts who have been summoned to appear in court have a direct claim against the German Treasury. The parties must compensate the Treasury for the money payable to the witnesses and experts.

    Details concerning the fees payable to witnesses and experts are to be found in a...

To continue reading

REQUEST YOUR TRIAL