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A Characterization of the Judicial System in Spain: Analysis with Formalism Indices

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  • Juan S. Mora

Abstract

In this paper, a previously proposed measure of “procedural formalism” of the judicial system for dispute resolution has been adapted in order to characterize the judicial enforcement of contracts in Spain in the long run (1966-2006). Spain has a multiplicity of procedures for the same type of civil dispute depending on the amount of the conflict. In this paper all those procedures are analyzed. The result of this research indicates that formalism of the Spanish judicial system has diminished in the most recent years. That result helps to explain the recent developments of the resolution, congestion and pending cases rates of the Spanish Judicial System. The results also contests the level of formalism assigned to Spain by previous works in this field.

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Bibliographic Info

Paper provided by FEDEA in its series Working Papers with number 2009-23.

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Date of creation: Jun 2009
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Handle: RePEc:fda:fdaddt:2009-23

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  7. Fabbri, Daniela & Padula, Mario, 2004. "Does poor legal enforcement make households credit-constrained?," Journal of Banking & Finance, Elsevier, Elsevier, vol. 28(10), pages 2369-2397, October.
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Cited by:
  1. Miguel García-Posada & Juan S. Mora-Sanguinetti, 2014. "Entrepreneurship and enforcement institutions: Disaggregated evidence for Spain," Banco de Espa�a Working Papers, Banco de Espa�a 1405, Banco de Espa�a.
  2. Juan S. Mora-Sanguinetti, 2010. "Is judicial inefficiency increasing the house property market weight in Spain? Evidence at the local level," Banco de Espa�a Working Papers, Banco de Espa�a 1025, Banco de Espa�a.

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