Kernrechtsfrage
Whether the refusal of legal aid for lack of prospects was justified
Extrahierter Entscheid
The legal questions about timeliness, transitional law, and the possible treatment of the filing as a negative declaratory action were sufficiently arguable that the claim could not be deemed hopeless on summary review.
Extrahierte Begründung
The court found the transitional-law questions on lis pendens under Art. 404 ZPO and the applicability of Art. 63 ZPO unresolved and debated in doctrine; the alternative reliance on Art. 85a SchKG also remained possible at least for the debt claim.