February** Dynamic Incentive Program
In civil litigation in China, the bearing of notary fees generally follows the principle of "the losing party bears the case". In other words, when one party wins the lawsuit, that is, the right holder wins, according to the relevant laws and regulations, the winning party has the right to require the losing party to bear the notarization costs.
According to the Measures of the People's Republic of China for Payment of Litigation Costs, litigation costs include case acceptance fees and other litigation costs, which are borne by the losing party in most cases, unless the winning party voluntarily bears them. In practice, if the right holder wins the lawsuit, they can require the losing party to pay the relevant litigation costs, including notarization fees.
However, in practice, whether the losing party is required to bear the notarization costs, and how to share them, still needs to be determined according to the specific circumstances of the case. For example, if the case involves a partial victory and a partial defeat, the people's court will determine the amount of litigation costs to be borne by each party according to the specific circumstances of the case. If a joint litigant loses, the court will decide on the contribution based on their interest in the subject matter of the litigation.
Therefore, in summary, if the right holder wins the lawsuit, it can usually require the losing party to bear the notarization costs, but whether and how to bear it needs to be determined in accordance with the court's judgment and relevant legal provisions.
*From: Red and Blue Law Author: Qidu Notary Team.