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Poor Persons' Procedure (Germany) Case

International Law Reports Cited in Precedent Map Related
Vincent
Date24 Noviembre 1932
Docket NumberCase No. 133
CourtCourt of Appeal of Düsseldorf (Germany)
Germany, Court of Appeal of Düsseldorf.
Case No. 133
Poor Persons' Procedure Case.

Statelessness — Legal Position of Stateless Persons — Poor Persons' Procedure — Privileged Treatment of Former Nationals.

The Facts.—By Article 114 of the German Code of Civil Procedure a poor party is entitled to the benefit of poor persons' procedure; but where the poor party is a subject of a foreign State, reciprocity is required. The plaintiff was formerly a German subject. By marrying the defendant she lost her nationality and became stateless. She now petitioned for poor persons' procedure.

Held: that the petition must be granted. The general trend of judicial precedent had been to the effect that, owing to the terms of Article 114, stateless persons were disqualified from poor persons' procedure. They were placed in the same position as aliens generally, and they could not give any guarantee as to reciprocity. On the other hand, some courts did grant poor persons' procedure to stateless persons living in Germany. They held that the views concerning stateless persons had changed since the Peace Treaties and that, as it was impossible to expect reciprocity when a stateless person was concerned, Article 114 could not be applied in such cases.

It was now the opinion of the Court that the former view was the correct one. Generally speaking, stateless persons should not be granted poor persons'...

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