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.