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Small claims litigation in Italy

Author

Listed:
  • Paolo Fantini

    (Ministry of Justice, General Directorate of Statistics)

  • Silvia Giacomelli

    (Bank of Italy, Economics, research and international relations)

  • Giuliana Palumbo

    (Bank of Italy, Economics, research and international relations)

  • Gianluca Volpe

    (Ministry of Justice, General Directorate of Statistics)

Abstract

Despite accounting for a significant fraction of total litigation in Italy, small claims litigation has so far received little attention. Using a Ministry of Justice database that contains information disaggregated by subject matter, the paper provides a thorough description of the time trend and geographical distribution of small claims litigation in Italy in the period 2001-2008. Further, it empirically evaluates the impact of different socio-economic variables on litigation. We find evidence of a strong increase in appeals against administrative sanctions, while the number of civil proceedings remained stable. Litigation rates are higher in the Centre and Southern regions. More interestingly, for claims on movables and claims for damages caused by circulation of vehicles, they are strongly concentrated in some provinces. Our results provide support to existing anecdotal evidence about opportunistic behaviour in the use of courts.

Suggested Citation

  • Paolo Fantini & Silvia Giacomelli & Giuliana Palumbo & Gianluca Volpe, 2011. "Small claims litigation in Italy," Questioni di Economia e Finanza (Occasional Papers) 92, Bank of Italy, Economic Research and International Relations Area.
    • Handle: RePEc:bdi:opques:qef_92_11
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    File URL: https://www.bancaditalia.it/pubblicazioni/qef/2011-0092/QEF_92.pdf
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    More about this item

    Keywords

    small claims; litigation; opportunistic behaviour;
    All these keywords.

    JEL classification:

    • K0 - Law and Economics - - General
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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