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