Insolvency law and human rights: an update

Omar, Paul (2009) Insolvency law and human rights: an update. International Corporate Rescue, 6 (6). pp. 369-373. ISSN 1572-4638

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Abstract

Reviews the role which arguments about human rights have played in insolvency proceedings, noting the judgment in Back v Finland (37598/97) on whether the judicial adjustment of a debtor's debts so as to virtually extinguish the claim of a guarantor for a contribution from the debtor breached the guarantor's human rights, and then focuses on the decision in Druzstevni Zalozna Pria v The Czech Republic (72034/01) on whether the authorisation of a receivership without any prior notice infringed creditors' rights under the European Convention on Human Rights 1950 Protocol 1 art.1.

Item Type: Article
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Schools and Departments: School of Law, Politics and Sociology > Law
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Depositing User: Paul Omar
Date Deposited: 06 Feb 2012 18:37
Last Modified: 30 Jul 2012 15:48
URI: http://sro.sussex.ac.uk/id/eprint/17483
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