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by Xylakant
1303 days ago
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It depends. Settlements can stipulate anything. If you loose in court, you usually have to pay the winners legal fees, but the cap is what's laid out in the Rechtsanwaltsvergütungsgesetz and depends on the value of the dispute and other factors (how complicated the legal matter, ...). The winning party would still need to pay the share above that. If you loose/win partially, the court decides on the share of cost that each party will need to pay. The difference to the US system is that the potential costs of loosing a case can be determined pretty well in advance and that the other side cannot threaten to rack up infinite costs by racking up lawyer hours. > edit: corrected the spelling of Rechtsanwaltsvergütungsgesetz |
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