After both parties sign a contract, if one party intentionally fails to perform the contract, forcing the other party to file a lawsuit and incur corresponding attorney fees, should these fees be borne by the defaulting party? The general rule in China regarding attorney fees is that the party who hires the attorney pays the fees. Certain special types of cases may allow for the opposing party to pay legal fees, such as intellectual property cases, unfair competition cases, and etc. In contract-related cases, according to a China Supreme Court’s precedent judgment, the party intentionally breaching the contract may also be required to pay legal fees. However, the application of this precedent judgment varies across different courts. I am Attorney Lyu from Huhehaote China. If you have any legal questions, feel free to contact me.
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