Poor Persons' Procedure (Austria) Case

Date19 Febrero 1935
Docket NumberCase No. 143
CourtDistrict Court (Austria)
Austria, District Court of Graz.
Case No. 143
Poor Persons' Procedure (Austria) Case.

Statelessness — Legal Position of Stateless Persons — Poor Persons' Procedure.

The Facts.—A Russian refugee, domiciled in Austria, who had lost his Russian nationality, sought to obtain the benefit of the poor persons' procedure. The Austrian Code of Civil Procedure contained in paragraph 63 (2) a provision to the effect that aliens are accorded this benefit only on condition of reciprocity. No mention was made of stateless persons.

Held: that the appellant was entitled to relief. The Court said: “Whilst the Code of Civil Procedure has specifically prescribed the conditions upon which an alien national may enjoy in Austria the benefit of poor persons' procedure, there are no analogous rules as to stateless persons. They cannot be regarded for this purpose as nationals of the...

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