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

Juan S. Mora-Sanguinetti

Abstract


An efficient system of contract enforcement is an essential issue for the development of a market economy. Several surveys have drawn attention to the low performance of the Spanish judicial system. This paper provides an analysis and a measure of “procedural formalism” of the Spanish judicial system in the long run (1966-2006). Spain has a multiplicity of procedures for the same type of civil dispute depending on the amount in litigation. In this study, all those procedures are analyzed and it is suggested that formalism of the Spanish judicial system has diminished in the most recent years. These results help to explain the recent developments of the resolution, congestion and pending cases rates of the system and also contest the level of formalism assigned to Spain by previous works in the field. 


Keywords


Judicial Efficiency; Procedural Formalism; Contract Enforcement; Development



DOI: http://dx.doi.org/10.18836/2178-0587/ealr.v1n2p213-240

Economic Analysis of Law Review  -  ISSN 2178-0587

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