UNI-MB - logo
UMNIK - logo
 
(UM)
  • Individuals' right to property under international succession law : reimbursement of bank deposits after the collapse of the SFR Yugoslavia
    Hojnik, Janja
    The article explores the most disputed succession issue of the former SFR Yugoslavia - the liability of successor States for the outstanding "old" foreign-currency bank deposits. Following the ... collapse of the SFR Yugoslavia, numerous depositors lost access to their foreign currency bank deposits. Although the successor States reimbursed some categories of depositors, several hundred thousand of them remained uncompensated. 25 years after the collapse of the SFH Yugoslavia and following the ECtHR pilot judgment in ALišič (2014 ), the solution to the issue finally seems to be in sight. The author submits that by establishing a direct legal obligation of Slovenia and Serbia for liabilities of banks outside their respective national territories, the ECtHR has established a new type of obligation under international law. The judgment is likely to become one of the leading cases in the field of succession law, particularly in respect of its synergies with the ECHR, and presents an important example of the fragmentation of international law in general.
    Type of material - article, component part
    Publish date - 2019
    Language - english
    COBISS.SI-ID - 5855531