Kernrechtsfrage
Whether the Justice of the Peace office had to be recused for apparent bias in the debt-enforcement proceedings.
Extrahierter Entscheid
Yes. Because the office was itself involved as creditor’s representative in the underlying claim, it appeared as judge and party, creating an objective appearance of bias.
Extrahierte Begründung
Recusal under Art. 47(1)(a) CPC is required where serious, objective circumstances create an appearance of partiality. Here, the same office had to decide a definitive stay of opposition while being connected to the creditor claim, so impartiality could reasonably be doubted.