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Action for Adjudication, List of Claims in Bankruptcy Proceedings, Legal Interest

Summary/Abstract: The commented judgement is important for identifying the position of the legal interest and its relationship with the grounds of the claim and the reasons for discontinuation of the proceedings. To conclude the proceedings, the author uses the argument of granting legal protection outside the proceedings. She maintains that this case meets the criteria for achieving the objective of the civil proceedings. Consequently, she also refers to the content of the right to a fair trial, including the right to obtain a substantive decision. The author analyzes the theoretical and axiological assumptions of this position. She has some reservations about it. Some of tchem are related to the difference of views in the doctrine on the status of a legal interest, which was not removed by the commented judgment. Others relate to procedural practice, including limitingcreditors’ access to certain types of legal protection. The issue of the procedural situation of debtors jointly and severally liable, of which only one or several has been declared bankrupt, is also signaled.

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