Questione giuridica chiave
Whether the first-instance court violated the right to be heard by deciding the claimant's legal-aid request without hearing the opposing party.
Decisione estratta
Yes. When legal aid is sought to cover security for party costs, the opposing party must always be heard before the decision.
Motivazione estratta
Art. 119(3) ZPO makes hearing of the opposing party mandatory in that situation; the first-instance court admitted it failed to do so, so the defect required reversal and a fresh decision after hearing the other side.