oikeudenkäyntikululain

Oikeudenkäyntikululaki, or the Act on Legal Costs, is a Finnish statute that governs the allocation of costs incurred in legal proceedings. The fundamental principle enshrined in the law is that the losing party shall generally compensate the winning party for their reasonable legal expenses. This aims to ensure that access to justice is not unduly hampered by the fear of excessive costs for the party that ultimately prevails in court.

The law specifies what constitutes recoverable legal costs, typically including attorney fees, court fees, and other necessary expenses related to litigation. It also outlines exceptions and circumstances where the general rule may not apply. For instance, in certain family law matters or when the court deems it equitable, the costs may be shared or borne by each party individually, irrespective of the outcome.

Furthermore, the oikeudenkäyntikululaki provides mechanisms for determining the amount of compensation. This often involves a separate court hearing or a written application to assess the reasonableness and necessity of the claimed expenses. The courts consider factors such as the complexity of the case, the time spent by legal counsel, and prevailing fee rates. The objective is to strike a balance between compensating the successful party and preventing the imposition of unreasonable financial burdens.