The paper empirically assesses evidence of bias among bankruptcy judges and predictability of judicial decision making in Serbia. For this purpose, we devised three hypothetical cases that were distributed to judges that preside over bankruptcy cases in Serbia. While the results do not indicate a consistent bias towards either the debtor or the creditor, they show concerning unpredictability of judicial decision making, hence leading to a high level of legal insecurity. Based on responses we observed high heterogeneity among Serbian bankruptcy judges in their interpretation of the bankruptcy laws. This makes allocation of cases to the particular judge a significant determinant for how the debtors and creditors will be treated and how the law will be applied.
Keywords:
Predictability / Pre-arranged reorganization plan / Judicial bias / Bankruptcy
Source:
Anali Pravnog fakulteta u Beogradu, 2020, 68, 2, 80-99
TY - JOUR
AU - Radulović, Branko
AU - Radović, Marko
PY - 2020
UR - https://ralf.ius.bg.ac.rs/handle/123456789/1237
AB - The paper empirically assesses evidence of bias among bankruptcy judges and predictability of judicial decision making in Serbia. For this purpose, we devised three hypothetical cases that were distributed to judges that preside over bankruptcy cases in Serbia. While the results do not indicate a consistent bias towards either the debtor or the creditor, they show concerning unpredictability of judicial decision making, hence leading to a high level of legal insecurity. Based on responses we observed high heterogeneity among Serbian bankruptcy judges in their interpretation of the bankruptcy laws. This makes allocation of cases to the particular judge a significant determinant for how the debtors and creditors will be treated and how the law will be applied.
PB - Univerzitet u Beogradu - Pravni fakultet, Beograd
T2 - Anali Pravnog fakulteta u Beogradu
T1 - Bias and predictability in judicial decisions involving corporate restructuring: Evidence from Serbia
EP - 99
IS - 2
SP - 80
VL - 68
DO - 10.5937/AnaliPFB2002080R
UR - conv_513
ER -
@article{
author = "Radulović, Branko and Radović, Marko",
year = "2020",
abstract = "The paper empirically assesses evidence of bias among bankruptcy judges and predictability of judicial decision making in Serbia. For this purpose, we devised three hypothetical cases that were distributed to judges that preside over bankruptcy cases in Serbia. While the results do not indicate a consistent bias towards either the debtor or the creditor, they show concerning unpredictability of judicial decision making, hence leading to a high level of legal insecurity. Based on responses we observed high heterogeneity among Serbian bankruptcy judges in their interpretation of the bankruptcy laws. This makes allocation of cases to the particular judge a significant determinant for how the debtors and creditors will be treated and how the law will be applied.",
publisher = "Univerzitet u Beogradu - Pravni fakultet, Beograd",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Bias and predictability in judicial decisions involving corporate restructuring: Evidence from Serbia",
pages = "99-80",
number = "2",
volume = "68",
doi = "10.5937/AnaliPFB2002080R",
url = "conv_513"
}
Radulović, B.,& Radović, M.. (2020). Bias and predictability in judicial decisions involving corporate restructuring: Evidence from Serbia. in Anali Pravnog fakulteta u Beogradu
Univerzitet u Beogradu - Pravni fakultet, Beograd., 68(2), 80-99.
https://doi.org/10.5937/AnaliPFB2002080R
conv_513
Radulović B, Radović M. Bias and predictability in judicial decisions involving corporate restructuring: Evidence from Serbia. in Anali Pravnog fakulteta u Beogradu. 2020;68(2):80-99.
doi:10.5937/AnaliPFB2002080R
conv_513 .
Radulović, Branko, Radović, Marko, "Bias and predictability in judicial decisions involving corporate restructuring: Evidence from Serbia" in Anali Pravnog fakulteta u Beogradu, 68, no. 2 (2020):80-99,
https://doi.org/10.5937/AnaliPFB2002080R .,
conv_513 .
