Vol 21 No 1 (2012), Studies and notess
Submitted: 11-09-2012
Accepted: 11-09-2012
The Spanish procedural Rules are noted for the division of two issues which originallywere linked, the order to pay costs and the settlement of procedural costs, leaving theselatter issues in hands of the Clerk of the Court, public servant, who is strange to thejudiciary. If this option has been shown very useful in the last century, however, thesystem has led to confusion as a result of the lack of clarity of the relationship betweenthe orders to pay costs with the regulation of procedural costs performed by the Clerk.This circumstance has allowed to concatenating and to multiplying the pay cost ordersto unfair way. Next is addressed the consequences and the scope of the last amendmentsfor correcting these dysfunctions.
Performance, procedural costs, procedural burden, order to pay costs