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Empirical analysis of civil litigation determinants: The Case of Spain

Author

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  • Virginia Rosales

    (Universidad de Granada)

  • Dolores Jiménez-Rubio

    (Universidad de Granada)

Abstract

This paper analyses the determinants of civil litigation in Spain drawing on the Law and Economics approach. Using a panel data for 50 Spanish provinces, this study makes a first exploratory approach to empirically investigate the effect of the 2000 Civil Procedural Law Reform on the demand for civil justice over the period 1995–2010, controlling for other determinants of litigation such as the economic growth, the expansion of the Bar, the number of judges, and other socio-demographic characteristics. According to the results, the growing number of civil cases filed in Spain in recent years seems to be a consequence of the combination of the law reform, relevant socio-economic factors, and most importantly the economic recession.

Suggested Citation

  • Virginia Rosales & Dolores Jiménez-Rubio, 2017. "Empirical analysis of civil litigation determinants: The Case of Spain," European Journal of Law and Economics, Springer, vol. 44(2), pages 321-338, October.
    • Handle: RePEc:kap:ejlwec:v:44:y:2017:i:2:d:10.1007_s10657-016-9543-2
    DOI: 10.1007/s10657-016-9543-2
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    1. Ronen Avraham, 2007. "An Empirical Study of the Impact of Tort Reforms on Medical Malpractice Settlement Payments," The Journal of Legal Studies, University of Chicago Press, vol. 36(S2), pages 183-229, June.
    2. Myungho Paik & Bernard S. Black & David A. Hyman & William M. Sage & Charles M. Silver, 2012. "How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas," American Law and Economics Review, American Law and Economics Association, vol. 14(2), pages 561-600.
    3. William M. Landes, 1974. "An Economic Analysis of the Courts," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 164-214, National Bureau of Economic Research, Inc.
    4. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    5. Daniel F. Rubinfeld & Suzanne Scotchmer, 1993. "Contingent Fees for Attorneys: An Economic Analysis," RAND Journal of Economics, The RAND Corporation, vol. 24(3), pages 343-356, Autumn.
    6. Leora Friedberg, 1998. "Did Unilateral Divorce Raise Divorce Rates? Evidence from Panel Data," NBER Working Papers 6398, National Bureau of Economic Research, Inc.
    7. Buonanno Paolo & Galizzi Matteo M., 2014. "Advocatus, et non Latro? Testing the Excess of Litigation in the Italian Courts of Justice," Review of Law & Economics, De Gruyter, vol. 10(3), pages 285-322, November.
    8. Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-1097, September.
    9. Juan S. Mora, 2009. "A Characterization of the Judicial System in Spain: Analysis with Formalism Indices," Working Papers 2009-23, FEDEA.
    10. Brinig, Margaret F. & Buckley, F. H., 1998. "No-fault laws and at-fault people," International Review of Law and Economics, Elsevier, vol. 18(3), pages 325-340, September.
    11. Gerhard Clemenz & Klaus Gugler, 2000. "Macroeconomic Development and Civil Litigation," European Journal of Law and Economics, Springer, vol. 9(3), pages 215-230, May.
    12. Dolores Jiménez-Rubio & Nuno Garoupa & Virginia Rosales, 2016. "Explaining divorce rate determinants: new evidence from Spain," Applied Economics Letters, Taylor & Francis Journals, vol. 23(7), pages 461-464, May.
    13. Sean Farhang, 2009. "Congressional Mobilization of Private Litigants: Evidence from the Civil Rights Act of 1991," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(1), pages 1-34, March.
    14. Kessler, Daniel P. & Rubinfeld, Daniel L., 2007. "Empirical Study of the Civil Justice System," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 5, pages 343-402, Elsevier.
    15. Ellman, Ira Mark & Lohr, Sharon L., 1998. "Dissolving the relationship between divorce laws and divorce rates," International Review of Law and Economics, Elsevier, vol. 18(3), pages 341-359, September.
    16. Binner, Jane M & Dnes, Antony W, 2001. "Marriage, Divorce, and Legal Change: New Evidence from England and Wales," Economic Inquiry, Western Economic Association International, vol. 39(2), pages 298-306, April.
    17. Nuno Garoupa & Marian Gili & Fernando Gómez‐Pomar, 2012. "Political Influence and Career Judges: An Empirical Analysis of Administrative Review by the Spanish Supreme Court," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 9(4), pages 795-826, December.
    18. Imran Rasul, 2006. "Marriage Markets and Divorce Laws," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 22(1), pages 30-69, April.
    19. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    20. Tom Ginsburg & Glenn Hoetker, 2006. "The Unreluctant Litigant? An Empirical Analysis of Japan’s Turn to Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 31-59, January.
    21. Mora-Sanguinetti, Juan S. & Garoupa, Nuno, 2015. "Do lawyers induce litigation? Evidence from Spain, 2001–2010," International Review of Law and Economics, Elsevier, vol. 44(C), pages 29-41.
    22. Justin Wolfers, 2006. "Did Unilateral Divorce Laws Raise Divorce Rates? A Reconciliation and New Results," American Economic Review, American Economic Association, vol. 96(5), pages 1802-1820, December.
    23. Hanssen, F Andrew, 1999. "The Effect of Judicial Institutions on Uncertainty and the Rate of Litigation: The Election versus Appointment of State Judges," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 205-232, January.
    24. Posner, Richard A, 1997. "Explaining the Variance in the Number of Tort Suits across U.S. States and between the United States and England," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 477-489, June.
    25. Jonathan Gruber, 2004. "Is Making Divorce Easier Bad for Children? The Long-Run Implications of Unilateral Divorce," Journal of Labor Economics, University of Chicago Press, vol. 22(4), pages 799-834, October.
    26. Allen, Douglas W., 1998. "No-fault divorce in Canada: Its cause and effect," Journal of Economic Behavior & Organization, Elsevier, vol. 37(2), pages 129-149, October.
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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).
    2. Juan S. Mora-Sanguinetti & Marta Martínez-Matute, 2019. "An economic analysis of court fees: evidence from the Spanish civil jurisdiction," European Journal of Law and Economics, Springer, vol. 47(3), pages 321-359, June.
    3. Adrian Leka, 2018. "Defamation Laws and Practice in the Age of Internet in Albania," European Journal of Interdisciplinary Studies Articles, Revistia Research and Publishing, vol. 4, ejis_v4_i.
    4. Lampach, Nicolas & Wijtvliet, Wessel & Dyevre, Arthur, 2020. "Merchant hubs and spatial disparities in the private enforcement of international trade regimes," International Review of Law and Economics, Elsevier, vol. 64(C).
    5. Małgorzata Dobrowolska & Mariola Paruzel-Czachura & Marta Stasiła-Sieradzka, 2018. "Perception of Limitations by Individuals Threatened with Social Exclusion upon Entering Employment: Report on a Study of Individuals with Chronic Mental Illnesses," European Journal of Economics and Business Studies Articles, Revistia Research and Publishing, vol. 4, ejes_v4_i.

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    More about this item

    Keywords

    Civil litigation; Law reform; Legal process; Litigation determinants;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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