Civil Justice Reform: Access, Cost, and Delay. The French Perspective

Cadiet, Loïc

doi:10.1093/acprof:oso/9780198298335.003.0009

“…Both the standard historical narrative and recent empirical research show that national legal systems vary systematically according to the legal traditions or origins which countries belong to. In particular, both substantive and procedural legal rules and regulations of civil (or Roman) law countries differ systematically from those of common (or English) law countries (Zweigert and Kotz 1998, La Porta et al 1998, 1999, Djankov et al 2002, 2003a, Botero et al 2004). Following Damaska (1986), Glaeser and Shleifer (2002), and Djankov et al (2003b), we have interpreted this broad range of findings as supportive of the Legal Origins Theory, the proposition that legal origins significantly shape the institutional structure of society, including the relationship between individuals and the state, and for this reason affect laws, legal procedures, regulations, as well as a broad range of economic outcomes (La Porta et al 2008).…”

Section: Introductionmentioning

confidence: 99%

The Divergence of Legal Procedures

Balas¹,

Porta

²

,

López-de-Silanes

³

et al. 2009

American Economic Journal: Economic Policy

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Simeon Djankov et al. (2003) introduce a measure of the quality of contract enforcement -- the formalism of civil procedure -- for 109 countries as of 2000. For 40 of these countries, we compute procedural formalism every year since 1950. We find that large differences in procedural formalism between common and civil law countries existed in 1950 and widened by 2000. For this area of law, the findings are inconsistent with the hypothesis that national legal systems are converging, and support the view that legal origins exert long lasting influence on legal rules. (JEL K41, O17)

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“…Both the standard historical narrative and recent empirical research show that national legal systems vary systematically according to the legal traditions or origins which countries belong to. In particular, both substantive and procedural legal rules and regulations of civil (or Roman) law countries differ systematically from those of common (or English) law countries (Zweigert and Kotz 1998, La Porta et al 1998, 1999, Djankov et al 2002, 2003a, Botero et al 2004). Following Damaska (1986), Glaeser and Shleifer (2002), and Djankov et al (2003b), we have interpreted this broad range of findings as supportive of the Legal Origins Theory, the proposition that legal origins significantly shape the institutional structure of society, including the relationship between individuals and the state, and for this reason affect laws, legal procedures, regulations, as well as a broad range of economic outcomes (La Porta et al 2008).…”

Section: Introductionmentioning

confidence: 99%

The Divergence of Legal Procedures

Balas¹,

Porta²,

et al. 2008

View full text Add to dashboard Cite

Djankov et al. (2003a) propose and measure for 109 countries in the year 2000 an index of formalism of legal procedure for two simple disputes: eviction of a non-paying tenant and collection of a bounced check. For a sub-sample of 40 countries, we compute this index every year starting in 1950, which allows us to study the evolution of legal rules. We find that between 1950 and 2000, the formalism of legal procedure did not converge, and possibly diverged, between common law and French civil law countries. At least in this specific area of law, the results are inconsistent with the hypothesis that national legal systems are converging, and support the view that legal origins exert long lasting influence on legal rules.

show abstract

“…Both the standard historical narrative and recent empirical research show that national legal systems vary systematically according to the legal traditions or origins which countries belong to. In particular, both substantive and procedural legal rules and regulations of civil (or Roman) law countries differ systematically from those of common (or English) law countries (Zweigert and Kotz 1998, La Porta et al 1998, 1999, Djankov et al 2002, 2003a, Botero et al 2004. Following Damaska (1986), Glaeser and Shleifer (2002), and Djankov et al (2003b), we have interpreted this broad range of findings as supportive of the Legal Origins Theory, the proposition that legal origins significantly shape the institutional structure of society, including the relationship between individuals and the state, and for this reason affect laws, legal procedures, regulations, as well as a broad range of economic outcomes (La Porta et al 2008).…”

Section: Introductionmentioning

confidence: 99%

The Divergence of Legal Procedures

Balas

¹

,

Porta

²

,

Silanes

³

et al. 2008

View full text Add to dashboard Cite

for comments. Country-level sources of data are available from the authors upon request. The views expressed herein are those of the author(s) and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peerreviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications.

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Civil Justice Reform: Access, Cost, and Delay. The French Perspective

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The Divergence of Legal Procedures

The Divergence of Legal Procedures

The Divergence of Legal Procedures

The Divergence of Legal Procedures

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