Current legal practice: Dispute over party compensation

Lukas Müller / Sandro E. Obrist / Patrik Odermatt In its judgment 5A_391/2017 of February 13, 2018, the Federal Supreme Court ruled that it is inadmissible to make party compensation dependent on a review of the necessity of professional representation as such. In this article, the authors examine the legal costs and their distribution in accordance with Art. 95 et seq. ZPO and show which considerations need to be taken into account when structuring the fee note. In addition, the implications for practice resulting from the current legal situation are discussed. Download

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