Facts
The case concerns an appellant ([A.] ) who, after his bankruptcy, is being pursued by [B. AG] in enforcement proceedings No. xxx of the Seeland Debt Collection Office, Biel/Bienne branch, for a claim of CHF 910,037.75. [A.] filed an objection on the grounds that he had not come into any new assets since his bankruptcy. The Regional Court of Berner Jura-Seeland did not allow the objection and determined that [A.] had come into new assets to the extent of the claim being enforced.
[A.] then filed a complaint with the Cantonal Court of Bern, which, however, was not entered. Subsequently, [A.] filed a claim with the Regional Court of Berner Jura-Seeland to dispute the new assets. The Regional Court required [A.] to make an advance payment of CHF 33,200.-- for the court costs. [A.] then requested legal aid and legal representation, which the Regional Court rejected. This rejection was confirmed by the Cantonal Court of Bern.
[A.] has now filed a civil law appeal against the decision of the Cantonal Court with the Federal Supreme Court.
Considerations
The Federal Supreme Court has dismissed the appeal. It has determined that the obligation of a spouse to assist the other in legal disputes by providing an advance for court costs is a consequence of the marital duty of maintenance under Art. 163 CC and the marital duty of assistance under Art. 159 para. 3 CC. These duties exist regardless of the property regime, so that an advance for court costs is also owed if the spouses are living under a separation of property.
Furthermore, the Federal Supreme Court has decided that the…