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La configuración de una tasa judicial: análisis teórico

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Abstract

This paper analyses the optimal design of a user charge on filing suit, which aims at maximising social welfare. Thus, this instrument must be useful to internalise the social costs and benefits by the litigants, in such a way that if social costs are lower than social benefits the user charge will become a subsidy. Moreover, the user charge can increase private welfare for those with a high probability of prevailing. Finally, from the results obtained in the theoretical analysis, we perform an exercise of comparative static by means of a numerical simulation.

Suggested Citation

  • Alejandro Esteller-Moré, 2002. "La configuración de una tasa judicial: análisis teórico," Investigaciones Economicas, Fundación SEPI, vol. 26(3), pages 525-549, September.
    • Handle: RePEc:iec:inveco:v:26:y:2002:i:3:p:525-549
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    Cited by:

    1. Doménech-Pascual, Gabriel & Martínez-Matute, Marta & Mora-Sanguinetti, Juan S., 2021. "Do fee-shifting rules affect plaintiffs’ win rates? A theoretical and empirical analysis," International Review of Law and Economics, Elsevier, vol. 65(C).

    More about this item

    Keywords

    Litigation process; congestion costs; filing costs; numerical simulations;
    All these keywords.

    JEL classification:

    • H2 - Public Economics - - Taxation, Subsidies, and Revenue
    • H21 - Public Economics - - Taxation, Subsidies, and Revenue - - - Efficiency; Optimal Taxation
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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