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2014, vol. 52, iss. 4-6, pp. 231-244
'Fair trial' standard in a bankruptcy proceeding
University of Kragujevac, Faculty of Law
Abstract
The problem of applying Art. 6 par. 1 of the European Convention of Human Rights to bankruptcy proceedings is caused by a number of specific traits that characterize this type of court proceedings. Without trying to go into a detailed analysis of the problems that the application of this Article opens in all court and administrative proceedings, we have attempted to be restrictive and select a number of interesting and significant issues that are, before all, related to the following topics: 'adjudication', 'civil rights and duties', 'dispute', 'argumentation' and 'reasonable time'. The selection of a topic is preconditioned by the necessity that the countries that ratified this Convention should ensure the protection of rights embodied in its corpus, that is that ensuring of these rights should constitute the guaranty of 'fair trial'. The additional and, possibly, prevailing, motivation came from the fact that some relevant decisions of the European Court of Human Rights against the state of Serbia related to the violation of Art. 6 par. 1 of the Convention in bankruptcy proceedings did not refer exclusively to this kind of proceeding, but were passed in connection with the violation of rights in some other civil court proceedings. Having analyzed a restricted number of problems, we could conclude that the 'fair trial' standard can be independently applied to bankruptcy proceedings as well.

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article language: Serbian
document type: unclassified
published in SCIndeks: 04/07/2016

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