Small Claims Litigation in Italy

Abstract

Despite accounting for a significant fraction of total litigation in Italy, small claims litigation has so far received little attention. Using a Ministry of Justice database that contains information disaggregated by subject matter, the paper provides a thorough description of the time trend and geographical distribution of small claims litigation in Italy in the period 2001-2008. Further, it empirically evaluates the impact of different socio-economic variables on litigation. We find evidence of a strong increase in appeals against administrative sanctions, while the number of civil proceedings remained stable. Litigation rates are higher in the Centre and Southern regions. More interestingly, for claims on movables and claims for damages caused by circulation of vehicles, they are strongly concentrated in some provinces. Our results provide support to existing anecdotal evidence about opportunistic behavior in the use of courts.

Note: Downloadable document is in Italian.

Keywords: small claims, litigation, opportunistic behavior

JEL Classification: K0, K4