(1) If, in civil legal disputes in which by means of an action a right is asserted from one of the legal relationships regulated under this Act, a party substantiates that the burden of the costs of the proceedings based on the full value in dispute would pose a substantial risk to their economic situation, the court may, upon motion by that party, order that such party’s obligation to pay court costs is proportionate to a part of the value in dispute as adjusted to their economic situation.
(2) The order referred to in subsection (1) has the effect that the beneficiary also has to pay the fees of his or her lawyer only in relation to this part of the value in dispute. Insofar as costs of the proceedings are imposed on such party or the latter assumes these costs, that party is required to reimburse the court fees paid by the opposing party and their lawyer’s fees only in relation to the part of the value in dispute. If the extra-judicial costs are imposed on the opposing party or assumed by that party, the beneficiary’s lawyer may recover his or her fees from the opposing party in relation to such value in dispute as applies to the latter.
(3) The motion referred to in subsection (1) may be declared before and recorded with the court registry. It is to be made before the hearing on the merits. Thereafter it is admissible only where the court subsequently increases the presumed or assessed value in dispute. The opposing party is to be heard before the decision is taken on the motion.