SECTION IX - Security For Costs (sicherheitsleistung)

VerfasserE. J. Cohn and G. Meyer
Amt des AutorenSir

43. In a few cases a Court may order one party to give security for costs.

Thus, by section 110 ZPO aliens who appear as plaintiffs in an action brought in a German Court have to give security for costs to the defendant, if the defendant demands it. This duty does not exist if the Courts of the foreign plaintiff's country permit German nationals to bring a suit without giving security for costs. The commentaries on section 110 list countries whose nationals are accordingly exempt from the duty of giving security, but those lists are largely based on international treaties which at...

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