Abstract

The amendment to civil procedure, which resulted in addition of § 1¹ in Art. 98 of the Code of Civil Procedure, provides for the award of interest on the costs of proceedings payable by the other party, generally for the period from the time the judgment awarding those costs becomes final to the date of payment. So far, the jurisprudence has uniformly held that despite its economic justification such interest is not due as not supported by law. As any other statutory amendment, this one has also given rise to new reflection, and the discussion taken up in this article concerns the possibility of applying the new provisions, under Art. 13 § 2 of the Code of Civil Procedure, to the costs awarded in the order granting an executable enforcement title, and if such possibility does exist, whether in order to ‘award’ such interest it is necessary to explicitly indicate the obligation to pay it in the order determining the costs payable to the other party.