SPES. — In theological and juridical terminology, the term *expensae* (expenses) is commonly used to denote the apportionment of certain financial burdens.
The subject touches upon various matters: contracts, in which, by law, custom, or agreement, the party responsible for bearing the burden of transfer of ownership, maintenance, repairs, etc., is established; possession in good, doubtful, or bad faith (cf. FEDE [BUONA e CATTIVA]) with regard to rights for the preservation and improvement of a thing; and sacred worship and places, to determine the party to whom the *expensae* should be assigned (cf. cann. 1186, 1296, 1469, 1477, 1523). In matters concerning matrimonial dispensations, the term has a specific meaning, referring to *expensae* for chancery and postal services, in contrast to other fees (componenda, taxes, agency fees: cf. can. 1056).
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### I. *EXPENSAE* IN CANONICAL PROCEDURAL LAW
The matter acquires particular importance in contentious cases, where the sentence or decree that concludes the case must also determine the apportionment of the burdens that the course of the procedure has imposed on the judging tribunal and its assistants (in penal cases, the public authority itself must provide, as it concerns a common interest). Here, *expensae* (more precisely, *expensae litis* or procedural expenses) are defined as the monetary sums to which the tribunal is entitled from the parties in the resolution of a case for various reasons: fees owed to the tribunal, its members, procurators, advocates; indemnities to experts and witnesses (cf. cann. 1664, 1787, 1805, 1808); chancery and postal fees; transcriptions, translations, and verification of documents and instruments. These may be necessary (the minimum required to conclude the case within the legal term), useful (facilitating the case to some degree, e.g., hiring two advocates: cf. can. 1656), or superfluous (not essential or facilitative, such as printing documents or transcribing them). Some include "luxury" (*voluttuarie*) expenses, which, while serving the case in some way, do not directly facilitate it (e.g., photographing documents when an authenticated copy suffices, or using an airplane or car for witnesses). From the above, the legitimacy and necessity of *expensae* are evident, despite the administration of justice being free of charge (can. 1908).
Determining the amount of *expensae* in ecclesiastical cases is the responsibility of bishops gathered in a council or provincial assembly (can. 1909); in their absence, custom or the judge’s decree applies. For security, the judge may require a deposit or surety at the beginning of the case (can. 1909). If a party, due to proven poverty (not in the vulgar sense, but in the canonical sense), is unable to meet all or part of the *expensae*, they may request exemption (cf. PATROCINIO GRATUITO) or reduction (can. 1914-16). Bishops may establish a practical norm for determining the amount (a norm that is obligatory for regional tribunals in matrimonial cases) based on the practice of the Sacred Roman Rota, proportionally reducing the quota (cf. Normae, June 29, 1934, cap. 8, in AAS, 26 [1934], pp. 487-91; 31 [1939], pp. 622-25; 32 [1940], p. 307).
A delicate issue is determining who should pay the *expensae*. Different principles can lead to different conclusions: *expensae* should be paid by the party acting in bad faith, proven (not presumed); or by the defeated party, legally at fault; or the reimbursement of *expensae* may be considered a necessary social element for the full defense of rights, thus to be divided equitably between the parties. Canon law follows various approaches. Currently, a middle path is taken, with four hypotheses:
1. The defeated party acted with good grounds and good faith, as the case was arduous and difficult; in this case, an equitable compensation or distribution of *expensae* between the parties is applied. This principle also applies in cases where both parties are partially defeated, in cases between blood relatives or in-laws, and for other just causes to be prudently assessed by the judge (can. 1911; broad discretion is granted).
2. The defeated party acted without good grounds but in good faith, or at least without evident bad faith, due to negligence in studying their own rights; in this case, they pay only the *expensae* (can. 1910).
3. The defeated party acted recklessly (with evident bad faith, hostility, etc.); they pay the *expensae* and compensate the other party for damages suffered (can. 1910).
4. The defeated party acted with fraud and deceit (false documents, suborned witnesses); they will additionally face penal action.
Determining the amount of *expensae* and the party responsible in individual cases is the duty of the judge in the sentence (can. 1873); the omission does not invalidate the sentence, and proceedings will proceed separately as in an incidental case. Generally, the sentence establishes the party; the exact amount is determined in a subsequent executive act. If multiple parties are condemned to pay *expensae*, the obligation is joint and several or proportional, according to their respective shares. The sentence regarding *expensae* may be challenged directly by recourse within 10 days to the same judge for review or reform; indirectly, by appealing the entire sentence (can. 1913).
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### II. *EXPENSAE* IN ITALIAN PROCEDURAL LAW
The Italian Code of Civil Procedure (arts. 90-98) has some points of contact with the *Codex Iuris Canonici*, with minor nuances: acts performed or requested by a party during the process are borne by the requesting party (who, in some cases, must advance the related *expensae* [arts. 90, 98; implementation art. 38 et seq.]). The judge, in the sentence, condemns the defeated party to reimburse the other party’s *expensae*, along with defense fees; the judge may exclude the winning party from reimbursement if they deem the *expensae* excessive or superfluous. Compensation is applied in cases of mutual defeat or for other just reasons, and in cases of settlement, unless otherwise expressly agreed. In cases of bad faith or gross negligence, the condemnation extends not only to *expensae* but also to damages suffered (art. 96). If there are multiple defeated parties, each is condemned proportionally to their respective interest; in cases of common interest, the condemnation is joint and several (art. 97). Those associated with the defeated party, such as heirs, curators, or representatives, may also be personally condemned (art. 94).
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