Questione giuridica chiave
Whether the refusal of legal aid violated Article 29(3) BV because the underlying lease-assignment claim was not hopeless.
Decisione estratta
No violation: the cantonal court could treat the claim as hopeless because the landlord had an important reason to refuse consent to the transfer.
Motivazione estratta
The planned use required installing two toilets, which was a change to the leased premises needing the landlord's written consent under Art. 260a OR. Since the landlord would not approve that alteration, refusal of consent to the transfer was permissible under Art. 263(2) OR. Given this, the chance of success was markedly lower than the risk of loss.