In some cases, others are required to reimburse you for fees incurred through legal assistance.
This is regularly the case when a third party violates your property, body, health or certain other rights.
The main applications are damage to property by third parties, eg in the case of traffic accidents and physical injuries, eg as a result of criminal offenses or in cases of medical liability. The opponent is obliged to reimburse you in full for the legal fees you have incurred on the basis of the justified claims.
Another case of the obligation to reimburse is given in the event of a delay in an obligation to perform under a contract. The main use cases are contractual obligations that have not been fulfilled on time. According to Section 286 of the German Civil Code, there is a delay if
- the contractually agreed point in time for the service elapses without result
- the debtor seriously and definitively refuses to perform
- in the case of a monetary claim, is not paid within 30 days after the due date and receipt of an invoice
- the debtor fails to pay in response to a reminder from the creditor, which is sent after the due date.
In rare cases, there may also be an obligation to reimburse the legal fees incurred in defending against unjustified claims. In particular in the case of contractual relationships or so-called special connections, there is a duty of care not to make unjustified claims against the other party. A reimbursement obligation arises if the assertion is culpable, ie the other party recognizes or should have recognized that his claim in the matter is not justified.