The Status of Court Costs from the Perspective of Imami Jurisprudence, Iranian and French Law

Costs of litigation can be considered as one of the most important parts of litigation, which is accepted as a principle in the law of our country. In order to receive amounts as income in this way, and for this reason, laws and regulations have been developed in the field of court costs in the judiciary. In view of the above, the determination of court costs is subject to the terms and conditions that the legislator determines according to different cases. The Code of Civil Procedure does not provide a specific definition in the discussion of court costs and only in Article 502 it is sufficient to determine its cases. Because litigation is an inalienable right of every person and it is not possible to prevent people from going to court by incurring huge costs and increasing it annually. Or postponed litigation and the administration of justice and made it subject to the payment of court fees, which is an example of the prohibition of going to the courts to which people have the unconditional right to go. Under French law, the country's civil procedure provides for the conviction of the convicted person for the costs of the proceedings. The French Supreme Court has ruled that the division of costs between the parties is within the discretion of the trial judges. Thus, in the Iranian legal system, it is necessary for the judge to be able to pay attention to the economic situation of the parties and the demands of the lawsuit. Also in France, in order to help people who do not have financial resources, an institution called the Legal Aid Institution has been established, which requires steps to receive this assistance, such as a life sentence, and if proven, the beneficiary will pay the fees of legal assistants and Other ancillary costs are exempt.