Questione giuridica chiave
Whether refusing suspensive effect to the nullity appeal was arbitrary because it ignored the procedural impact of legal aid on the security-for-costs request.
Decisione estratta
Yes. If suspensive effect were granted, the main case would revert to the stage where the legal-aid request and the security-for-costs request were both pending, which would suspend the merits proceedings ex lege; denying any interest was untenable.
Motivazione estratta
The cantonal judge misread Valais procedure: under the clear text of the CPC Valais, it is the grant of legal aid, not the mere filing of the request, that prevents security for costs. The cited doctrine and case law did not support the opposite view.