Facts
This case concerned the question of whether the partial granting of legal aid to the respondent B. was lawful. The appellant A. AG had filed a claim with the District Court of Rheinfelden for the denial of new assets pursuant to Art. 265a(4) DEBA. The District Court had granted B. legal aid and appointed him an ex officio legal representative.
A. AG appealed against the District Court's order and demanded that B. be obliged to provide security for the party compensation. The High Court of the Canton of Aargau confirmed the partial granting of legal aid to B., but exempted him from the obligation to pay the court cost advance and the security for any party compensation.
A. AG appealed against this decision of the High Court to the Federal Supreme Court in civil matters.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it was entered. It stated that according to the case law of the Federal Supreme Court on Art. 29(3) of the Federal Constitution, which must also be taken into account in the interpretation of Art. 117(a) CPC, a person is considered indigent if they are unable to bear the costs of a lawsuit without affecting the means necessary to cover their own and their family's basic living expenses.
Pursuant to Art. 118(2) CPC, legal aid may also be granted partially. The Federal Supreme Court considered it…