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

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Abstract

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.

Suggested Citation

  • Juan S. Mora, 2009. "A Characterization of the Judicial System in Spain: Analysis with Formalism Indices," Working Papers 2009-23, FEDEA.
    • Handle: RePEc:fda:fdaddt:2009-23
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    1. Claude Ménard & Bertrand Du Marais, 2006. "Can we rank legal systems according to their economic efficiency?," Post-Print halshs-00273862, HAL.
    2. 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.
    3. Jappelli, Tullio & Pagano, Marco & Bianco, Magda, 2005. "Courts and Banks: Effects of Judicial Enforcement on Credit Markets," Journal of Money, Credit and Banking, Blackwell Publishing, vol. 37(2), pages 223-244, April.
    4. 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.
    5. Dani Rodrik & Arvind Subramanian & Francesco Trebbi, 2004. "Institutions Rule: The Primacy of Institutions Over Geography and Integration in Economic Development," Journal of Economic Growth, Springer, vol. 9(2), pages 131-165, June.
    6. La Porta, Rafael & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1997. "Legal Determinants of External Finance," Journal of Finance, American Finance Association, vol. 52(3), pages 1131-1150, July.
    7. Aron Balas & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2009. "The Divergence of Legal Procedures," American Economic Journal: Economic Policy, American Economic Association, vol. 1(2), pages 138-162, August.
    8. 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.
    9. Anna M. Hardman & Yannis M. Ioannides, 1999. "Residential Mobility and the Housing Market in a Two‐sector Neoclassical Growth Model," Scandinavian Journal of Economics, Wiley Blackwell, vol. 101(2), pages 315-335, June.
    10. Nuno Garoupa & Natalia Jorgensen & Pablo Vázquez, 2008. "Assessing the Argument for Specialized Courts: Evidence from Family Courts in Spain," Working Papers 2008-16, FEDEA.
    11. Djankov, Simeon & McLiesh, Caralee & Ramalho, Rita Maria, 2006. "Regulation and growth," Economics Letters, Elsevier, vol. 92(3), pages 395-401, September.
    12. repec:bla:scandj:v:101:y:1999:i:2:p:315-35 is not listed on IDEAS
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    Cited by:

    1. Julio López-Laborda & Fernando Rodrigo & Eduardo Sanz-Arcega, 2018. "Is the Spanish Constitutional Court an instrument of the central government against the Autonomous Communities?," Constitutional Political Economy, Springer, vol. 29(3), pages 317-337, September.
    2. Miguel García-Posada & Juan Mora-Sanguinetti, 2015. "Entrepreneurship and enforcement institutions: disaggregated evidence for Spain," European Journal of Law and Economics, Springer, vol. 40(1), pages 49-74, August.
    3. 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.
    4. 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.
    5. Juan S. Mora-Sanguinetti & Marta Martínez-Matute & Miguel García-Posada, 2017. "Credit, crisis and contract enforcement: evidence from the Spanish loan market," European Journal of Law and Economics, Springer, vol. 44(2), pages 361-383, October.
    6. Juan S. Mora-Sanguinetti, 2010. "Is judicial inefficiency increasing the house property market weight in Spain? Evidence at the local level," Working Papers 1025, Banco de España.
    7. Juan S. Mora-Sanguinetti & Nuno Garoupa, 2015. "Litigation in Spain 2001-2010: Exploring the market for legar services," Working Papers 1505, Banco de España.
    8. Miguel García-Posada & Juan Mora-Sanguinetti, 2015. "Does (average) size matter? Court enforcement, business demography and firm growth," Small Business Economics, Springer, vol. 44(3), pages 639-669, March.
    9. 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.
    10. Juan S. Mora-Sanguinetti, 2010. "The effect of institutions on European housing markets: An economic analysis," Estudios Económicos, Banco de España, number 77.

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