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When can legal fees be assessed as compensation in judicial proceedings?

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Legal fees can be assessed as compensation when the debtor's unjustified delay in fulfilling the obligation is proven, compelling the creditor to file a lawsuit to claim his right. This is based on what has been established by the scholars of Islamic jurisprudence, that the right-holder is entitled to the...

Legal fees can be assessed as compensation when the debtor's unjustified delay in fulfilling the obligation is proven, compelling the creditor to file a lawsuit to claim his right. This is based on what has been established by the scholars of Islamic jurisprudence, that the right-holder is entitled to the expenses incurred due to the debtor's unjustified delay (Kashshaf Al-Qina' 3/348). Furthermore, Article 164 of the Implementing Regulations of the Commercial Courts Law grants the court discretionary power in determining compensation based on factors such as the severity of the damage, the amount awarded, and the unjustified delay of the judgment debtor.
Source: Radiif.com (رديف) · Saudi Legal AI Platform

Legal References & Citations

1
اللائحة التنفيذية لنظام المحاكم التجارية - Article 164

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