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在房地产诉讼中,由于过错方的违约造成诉讼纠纷而又因为物权优于债权等原因导致败诉的案件,其诉讼费用承担如何体现公平原则,我国现行的法律,包括国务院的《诉讼费用交纳办法》也没有明确的规定。本文在论证由过错方承担诉讼费在房地产诉讼中的合理性的前提下,探讨提出了在败诉方承担诉讼费原则的基础上,设立由过错方承担诉讼费用例外原则的建议。
In the real estate lawsuit, due to the lawsuit dispute caused by the default of the wrong party and the case that the property right is superior to the creditor’s right, the lawsuit cost commitment reflects the principle of fairness. The current laws of our country, including the State Council’s Law on the Payment of Litigation Costs "There is no clear rule. On the premise of arguing that the wrong party bears the legal costs in real estate litigation, this paper puts forward the suggestion on the principle that the losing party should bear the litigation fee, and establishes the principle that the wrong party should bear the exception of litigation fee.