In practice, if the parties to a contract stipulate the subject of legal fees in the contract and ask the subject to bear the legal fees in the litigation request, they will generally get the support of the court.
It is worth noting that in some cases, the lawyer's fees can be claimed to be borne by the losing party: 1, and in cases of infringement of the right to life, health and reputation, the lawyer's fees can be claimed to be included in reasonable expenses; 2. In the case of infringement of intellectual property rights, you can claim that attorney fees should be included in the scope of compensation; 3. In the case of unfair competition infringement, you can claim that the lawyer's fee should be included in the reasonable investigation fee; 4. The lawyer's fee for the creditor to exercise the cancellation right may be claimed by the debtor; 5. In the case of disputes over security rights, it can be argued that attorney fees should be included in the expenses for realizing creditor's rights; 6, malicious litigation, false litigation, abuse of litigation rights cases can claim legal fees afterwards.
legal ground
Article 29 of the Measures for Payment of Legal Expenses: The legal expenses shall be borne by the losing party, except those voluntarily borne by the winning party.
If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case.
* * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.
Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income due to absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.
If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim. (This legal provision has expired and is for reference only)
Article 54 of the Copyright Law of People's Republic of China (PRC): If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee or the illegal income of the infringer; If it is difficult to calculate the actual loss of the obligee or the illegal income of the infringer, compensation may be made with reference to the use fee. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at least one time but not more than five times the amount determined by the above method.
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes: The reasonable expenses paid to stop the infringement as stipulated in the first paragraph of Article 63 of the Trademark Law include the reasonable expenses paid by the obligee or entrusted agent to investigate and collect evidence of infringement.
The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
Article 65 of the Patent Law of People's Republic of China (PRC): The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
Article 17 of the Anti-Unfair Competition Law of People's Republic of China (PRC): If an operator violates the provisions of this law and causes damage to others, he shall bear civil liability according to law.
If the legitimate rights and interests of business operators are damaged by acts of unfair competition, they may bring a lawsuit to the people's court.
The amount of compensation for operators who have suffered from unfair competition shall be determined according to the actual losses suffered by them due to infringement; If the actual loss is difficult to calculate, it shall be determined according to the interests obtained by the infringer due to infringement. If the business operator maliciously commits an act of infringing business secrets, and the circumstances are serious, the amount of compensation can be determined in accordance with the amount determined by the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.
Article 26 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the People's Republic of China (PRC) Contract Law (I): The necessary expenses such as lawyer's agency fees and travel expenses paid by the creditor for exercising the cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately. (This legal provision has expired and is for reference only)
Article 389 of the Civil Code of People's Republic of China (PRC): The scope of security interest includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail.
Article 22 of the Supreme People's Court's Opinions on Further Promoting the Diversion of Complexity and Simplification and Optimizing the Allocation of Judicial Resources: Guide the parties to be honest and rational in litigation. Intensify the crackdown on dishonest litigation such as false litigation and malicious litigation, give full play to the leverage of legal fees and attorney fees to regulate the litigation behavior of the parties, and urge the parties to choose an appropriate way to resolve disputes. If a party abuses litigation rights, delays in undertaking litigation obligations and other obvious misconduct, resulting in direct losses to the other party or a third party, the people's court may, according to the specific circumstances, support the innocent party's legitimate request for compensation for reasonable attorney's fees.