Questão jurídica principal
Whether the refusal of free legal aid was arbitrary because the property value and chargeability were assessed too high.
Decisão extraída
No. The cantonal authorities could rely on the official value, insurance value, and general local experience to infer sufficient additional mortgage capacity.
Fundamentação extraída
A party owning real estate may be required to realize or encumber it to pay litigation costs if the property can still be charged. The applicant's unsupported claim that the house was old, poorly built, and badly accessed did not show arbitrariness in the valuation or in the conclusion that a modest additional charge was possible.