Question juridique clé
Whether a 15% surcharge must be added to the debt-enforcement minimum when assessing indigence for legal aid under § 84 ZPO.
Solution extraite
No. There is no entitlement to a surcharge; the applicable test is whether the party has the means to cover the litigation costs, assessed individually in light of the temporary burden of proceedings.
Motifs extraits
The court followed the long-standing, settled, published practice of the Zurich Court of Appeal, confirmed by the cantonal cassation court, and saw no reason to depart from it. Legal aid protects access to justice, but a party may be expected to temporarily forego its usual standard of living to the extent reasonable in the individual case.