Legal Origins, Civil Procedure, and the Quality of Contract Enforcement

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Legal Origins, Civil Procedure, and the Quality of Contract Enforcement

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Title: Legal Origins, Civil Procedure, and the Quality of Contract Enforcement
Author: Spamann, Holger
Citation: Holger Spamann, Legal Origins, Civil Procedure, and the Quality of Contract Enforcement, 166 J. Institutional & Theoretical Econ. 149 (2010).
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Abstract: This paper empirically compares civil procedure in common-law and civil-law countries. Using World-Bank and hand-collected data, and unlike earlier studies that used predecessor data sets, this paper finds no systematic differences between common- and civil-law countries in the complexity, formalism, duration, or cost of procedure in courts of first instance. The paper further finds that by a subjective measure, contract enforceability in common-law countries is higher than in French, but lower than in German and Scandinavian, civil-law countries. Given civil procedure's central role for the common-civil-law distinction, these findings challenge the distinction's economic relevance.
Published Version: http://dx.doi.org/10.1628/093245610790711591
Other Sources: http://www.law.harvard.edu/programs/olin_center/fellows_papers/pdf/Spamann_31.pdf
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1452744
Terms of Use: This article is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#OAP
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:12025612
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