IDEAS home Printed from https://ideas.repec.org/a/lus/zwipol/v45y1996i1p92-109n6.html
   My bibliography  Save this article

Nicht-kostendeckende Gerichtsgebühren

Author

Listed:
  • Wein Thomas

    (Universität Lüneburg Fachbereich Wirtschafts- u. Sozialwissenschaften Institut für Volkswirtschaftslehre Theorie der Wirtschaftspolitik)

Abstract

In Germany, the level of court fees is not cost-covering. Analyzing several welfare arguments to justify not cost-covering fees, only one aspect is conclusive. The benefit of judgments are not only private but also public (positive externality of litigation). It is due to the supreme courts to fill legal loopholes. Therefore, not cost-covering fees are justified in the case of supreme courts. By analyzing not cost-covering fees with the instruments of public choice theory, one can find more plausible reasons: the interest group of lawyers profits from not cost covering fees because the demand for lawyer services increases. Politicians collect their votes without loosing other votes; bureaucrats in the courts have an advantage by increasing their staff. Therefore, in order to reform the current situation, it is necessary to alter the restrictions of these self interested actors.

Suggested Citation

  • Wein Thomas, 1996. "Nicht-kostendeckende Gerichtsgebühren," Zeitschrift für Wirtschaftspolitik, De Gruyter, vol. 45(1), pages 92-109, April.
    • Handle: RePEc:lus:zwipol:v:45:y:1996:i:1:p:92-109:n:6
    DOI: 10.1515/zfwp-1996-0106
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/zfwp-1996-0106
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.1515/zfwp-1996-0106?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:lus:zwipol:v:45:y:1996:i:1:p:92-109:n:6. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.