Stateless Persons (Legal Aid) Case

CourtRegional Court (Germany)
Docket NumberCase No. 216
German Kammergericht.
Case No. 216
Stateless Persons (Legal Aid) Case.

Statelessness — Position of Stateless Persons — Right to Poor Persons' Facilities before Courts — Admission to Unemployment Benefit.

The Facts.—This was an appeal against the decision of a district court refusing to the appellant, a stateless person, the benefit of the facilities provided by the law to poor persons appearing as parties before courts. While paragraph 1 of Article 114 of the German Code of Civil Procedure lays down the principle of legal aid for poor persons, paragraph 2 excludes from the operation of the Article foreign subjects unless their own State grants the same rights to German subjects. The court below held that, as in the case of stateless persons there could be no question of reciprocity, they could not be admitted to the benefits of Article 114.

Held: That the appellant was entitled to the benefits of Article 114. Paragraph 2 of that Article should be applied only in those cases in which it was possible to investigate whether reciprocity was granted or not. Such an investigation was impossible in the...

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