Meaning of Loss (What it is, Concept and Definition)

Sucumbency refers to the act and action of giving, giving, supporting or succumbing.

This term is usually used in the legal field, from the so-called "Principle of Sucumbency", which is the duty of the losing party in a legal proceeding to bear the payment of all the procedural costs of the winning party.

Known as "burden of loss of suit", this principle guarantees that the winning party does not have its economic situation affected as a result of the judicial process.

According to the law, the bankruptcy fees the lawyer is set between 10% (minimum value) and 20% (maximum value) on the amount of the sentence established by the judge.

In Brazil, all the assumptions that refer to the principle of loss of suit are provided, mainly, from article 82 of the Code of Civil Procedure (Law No. 13.105/2015).

The costs of loss of suit can be divided partially between the losing and winning party, or fully granted to the loser of the legal process, according to the judge's decision.

See also: O meaning of burden and Reversal of the burden of proof.

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