The Rule Incentives that Rule Civil Justice
AbstractThe excessive length of civil judicial proceedings may be understood being the consequence of a disequilibrium between demand and supply of justice. A comparison between EU countries and a statistical and analytical investigation demonstrates that the problems do not rest in insufficient supply – which has been the general opinion – but in pathological demand for civil justice. Opportunistic behaviour incentivized by the procedural rules and by the excessive length of trials is at the root of such demand. Therefore changing the formula which determines lawyer’s fees should be the first reform introduced.
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Bibliographic InfoPaper provided by ISTAT - Italian National Institute of Statistics - (Rome, ITALY) in its series ISAE Working Papers with number 85.
Length: 36 pages
Date of creation: Nov 2007
Date of revision:
Efficiency of civil justice; Comparison among EU countries and the Italian case; Supply of justice; Pathological demand of civil justice; Effectiveness of reforms;
Find related papers by JEL classification:
- K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
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