Litigation costs money - on both the plaintiff's and the defendant's side. Those who cannot afford the costs may be entitled to legal aid.
The granting of legal aid means in particular that the applicant only has to pay the court the set installments. This also applies to the costs incurred if the court assigns a lawyer to represent him. However, it does not release the applicant from the obligation to reimburse the costs incurred by the opponent in the event that he is unsuccessful.
Legal aid shall be decided separately for each instance.
In family cases and in matters of voluntary jurisdiction, legal aid is called "legal aid". It is essentially based on the same requirements as legal aid.
Legal aid is subordinate to an advance on legal costs. The spouse entitled to maintenance may have a claim against the spouse obliged to pay maintenance to advance the costs of litigation in personal matters (so-called claim for advance payment under maintenance law). This claim is a consequence of the obligation to pay maintenance. It exists only for litigation closely related to the person or needs of the spouse entitled to maintenance (e.g. proceedings relating to marriage, but also matters of care, proceedings relating to honor or freedom, restoration of health, etc.). The same applies to children of full age vis-à-vis their dependent parents. If this advance claim exists and can be enforced in a timely manner, the right to legal aid and legal aid does not apply.
At the request of the person entitled to maintenance, the family court responsible for the maintenance case can oblige the person liable to pay maintenance, e.g. the spouse, to pay an advance on costs for the court proceedings by means of a temporary order.
In labor court proceedings , the provisions of the Code of Civil Procedure on legal aid apply accordingly.
In social court proceedings , the provisions of the Code of Civil Procedure on legal aid apply mutatis mutandis, although the proceedings are free of charge in most cases and representation is compulsory only for proceedings before the Federal Social Court. At the request of the party involved, the court may itself select the lawyer to be assigned. Legal aid is not granted if the party is represented by another authorized representative (e.g. member or applicant of a trade union or association).
In administrative court proceedings , the provisions of the Code of Civil Procedure on legal aid shall apply mutatis mutandis.