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Courts

Author

Listed:
  • Simeon Djankov
  • Rafael La Porta
  • Florencio Lopez-de-Silanes
  • Andrei Shleifer

Abstract

In cooperation with Lex Mundi member law firms in 109 countries, we measure and describe the exact procedures used by litigants and courts to evict a tenant for nonpayment of rent and to collect a bounced check. We use these data to construct an index of procedural formalism of dispute resolution for each country. We find that such formalism is systematically greater in civil than in common law countries, and is associated with higher expected duration of judicial proceedings, less consistency, less honesty, less fairness in judicial decisions, and more corruption. These results suggest that legal transplantation may have led to an inefficiently high level of procedural formalism, particularly in developing countries.

Suggested Citation

  • Simeon Djankov & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2003. "Courts," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 118(2), pages 453-517.
    • Handle: RePEc:oup:qjecon:v:118:y:2003:i:2:p:453-517.
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    File URL: http://hdl.handle.net/10.1162/003355303321675437
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    • Simeon Djankov & Rafael LaPorta & Florencio Lopez-de-Silanes & Andrei Shleifer, "undated". "Courts," Working Paper 19471, Harvard University OpenScholar.

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