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

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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File URL: http://documentos.fedea.net/pubs/dt/2009/dt-2009-23.pdf
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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
Contact details of provider: Web page: http://www.fedea.net

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  1. Djankov, Simeon & McLiesh, Caralee & Ramalho, Rita Maria, 2006. "Regulation and growth," Economics Letters, Elsevier, vol. 92(3), pages 395-401, September.
  2. Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1998. "Law and Finance," Journal of Political Economy, University of Chicago Press, vol. 106(6), pages 1113-1155, December.
  3. Anna M. Hardman & Yannis M. Ioannides, 1999. "Residential Mobility and the Housing Market in a Two-sector Neoclassical Growth Model," Discussion Papers Series, Department of Economics, Tufts University 9915, Department of Economics, Tufts University.
  4. Rafael La Porta & Florencio Lopez-de-Silane & Andrei Shleifer & Robert W. Vishny, 1997. "Legal Determinants of External Finance," NBER Working Papers 5879, National Bureau of Economic Research, Inc.
  5. Bianco, Magda & Jappelli, Tullio & Pagano, Marco, 2002. "Courts and Banks: Effects of Judicial Enforcement on Credit Markets," CEPR Discussion Papers 3347, C.E.P.R. Discussion Papers.
  6. Daron Acemoglu & Simon Johnson & James A. Robinson, 2001. "The Colonial Origins of Comparative Development: An Empirical Investigation," American Economic Review, American Economic Association, vol. 91(5), pages 1369-1401, December.
  7. Nuno Garoupa & Natalia Jorgensen & Pablo Vázquez, 2008. "Assessing the Argument for Specialized Courts: Evidence from Family Courts in Spain," Working Papers 2008-16, FEDEA.
  8. Aron Balas & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2008. "The Divergence of Legal Procedures," NBER Working Papers 13809, National Bureau of Economic Research, Inc.
  9. Fabbri, Daniela & Padula, Mario, 2004. "Does poor legal enforcement make households credit-constrained?," Journal of Banking & Finance, Elsevier, vol. 28(10), pages 2369-2397, October.
  10. Dani Rodrik & Arvind Subramanian & Francesco Trebbi, 2002. "Institutions Rule: The Primacy of Institutions over Geography and Integration in Economic Development," NBER Working Papers 9305, National Bureau of Economic Research, Inc.
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