Burden of proof in antidiscrimination cases: Case law of the Supreme Court of Cassation
Civil procedure in antidiscrimination lawsuits is a relatively new type of special litigation procedure, which still presents a challenge for both legal theoreticians and practitioners. Having in mind the position of the plaintiff in antidiscrimination proceedings, the legislator has prescribed the...
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Faculty of Law, Niš
2018-01-01
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Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2018/0350-85011878325T.pdf |
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doaj-d9db2de906664813a32723f9a7c462c62020-11-24T23:28:18ZengFaculty of Law, NišZbornik Radova Pravnog Fakulteta u Nišu0350-85012560-31162018-01-0157783253360350-85011878325TBurden of proof in antidiscrimination cases: Case law of the Supreme Court of CassationTasić Anđelija0Univerzitet u Nišu, Pravni fakultetCivil procedure in antidiscrimination lawsuits is a relatively new type of special litigation procedure, which still presents a challenge for both legal theoreticians and practitioners. Having in mind the position of the plaintiff in antidiscrimination proceedings, the legislator has prescribed the rules on shifting the burden of proof, following examples of good comparative practice. However, recent Supreme Court of Cassation case law shows that there is still room for clarifying certain provisions of the Anti-Discrimination Act. In particular, it is still questionable who proves what, and with which amount of certainty. In this paper, the author aims to answer this question and point out to other disputable issues, especially the correlation between the claim to establish discrimination and the claim for damage compensation.https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2018/0350-85011878325T.pdfanti-discrimination lawsuitsburden of proofclaim to establish discriminationdamage compensation |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Tasić Anđelija |
spellingShingle |
Tasić Anđelija Burden of proof in antidiscrimination cases: Case law of the Supreme Court of Cassation Zbornik Radova Pravnog Fakulteta u Nišu anti-discrimination lawsuits burden of proof claim to establish discrimination damage compensation |
author_facet |
Tasić Anđelija |
author_sort |
Tasić Anđelija |
title |
Burden of proof in antidiscrimination cases: Case law of the Supreme Court of Cassation |
title_short |
Burden of proof in antidiscrimination cases: Case law of the Supreme Court of Cassation |
title_full |
Burden of proof in antidiscrimination cases: Case law of the Supreme Court of Cassation |
title_fullStr |
Burden of proof in antidiscrimination cases: Case law of the Supreme Court of Cassation |
title_full_unstemmed |
Burden of proof in antidiscrimination cases: Case law of the Supreme Court of Cassation |
title_sort |
burden of proof in antidiscrimination cases: case law of the supreme court of cassation |
publisher |
Faculty of Law, Niš |
series |
Zbornik Radova Pravnog Fakulteta u Nišu |
issn |
0350-8501 2560-3116 |
publishDate |
2018-01-01 |
description |
Civil procedure in antidiscrimination lawsuits is a relatively new type of special litigation procedure, which still presents a challenge for both legal theoreticians and practitioners. Having in mind the position of the plaintiff in antidiscrimination proceedings, the legislator has prescribed the rules on shifting the burden of proof, following examples of good comparative practice. However, recent Supreme Court of Cassation case law shows that there is still room for clarifying certain provisions of the Anti-Discrimination Act. In particular, it is still questionable who proves what, and with which amount of certainty. In this paper, the author aims to answer this question and point out to other disputable issues, especially the correlation between the claim to establish discrimination and the claim for damage compensation. |
topic |
anti-discrimination lawsuits burden of proof claim to establish discrimination damage compensation |
url |
https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2018/0350-85011878325T.pdf |
work_keys_str_mv |
AT tasicanđelija burdenofproofinantidiscriminationcasescaselawofthesupremecourtofcassation |
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1725549927714521088 |