Jugement Kantonsgericht (VD - HC/2020/261)

Canton:	VD
Case number:	HC/2020/261

Instance:	Kantonsgericht
Department:	Chambre des recours civile

Kantonsgericht Entscheid HC/2020/261 vom 04.03.2020 (VD)

Date:	04.03.2020
Force of law:	-

Summary:	The plaintiff, Mrs. H.________, applied to the court for the granting of free administration of justice for a case against her husband, Mr. M.________. The court of first instance rejected the application because the applicant did not meet the financial requirements. The plaintiff appealed against this decision. The Cantonal Court granted the appeal and granted the applicant free administration of justice. The plaintiff is thus entitled to claim the costs of the proceedings. More detailed summary Mrs. H.________ applied to the court for the approval of free administration of justice for a case against her husband, Mr. M.________. She referred to her financial circumstances, which she considered insufficient as a single mother with two children. The Court of first instance rejected the application. It came to the conclusion that although the plaintiff had a small income, she had sufficient funds to cover the costs of the proceedings. The plaintiff appealed against this decision. She argued that she could not pay the costs of the procedure, since she already had large debts. The Cantonal Court granted the appeal and granted the applicant free administration of justice. It came to the conclusion that the applicant fulfilled the conditions for granting free administration of justice. The plaintiff is thus entitled to claim the costs of the proceedings.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 117 CPC;Art. 119 CPC;Art. 121 CPC;Art. 123 CPC;Art. 319 CPC;Art. 321 CPC;Art. 322 CPC;Art. 74 LTF;
BGE reference::	-
Comment:	Spühler, Basler Kommentar ZPO, Art. 319, 2013 Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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