Enforcing Contracts

Doing Business Methodology for Enforcement of Agreements

The enforcement of this agreement will measure the time and cost (Cost) to resolve a commercial dispute through the local courts of first instance. and the Quality of judicial processes index, assessing whether each economic zone has adopted good practice to promote quality and efficiency in the court system. The information is collected through a study of the Civil Procedure Code and other court rules, as well as questionnaires completed by lawyers and judges in local litigation. The Ease of Enforceability Economic Zone rankings are determined based on the order of scores for contract enforcement. These scores are the simple averages of the scores for each sub-metric.

Efficiency of resolving a commercial dispute

Time and cost information is generated step-by-step, step by step, from commercial sales disputes. This information is collected for each specific court for each city within the county. under the assumptions about the case (described below) “Competent courts” are courts with jurisdiction over disputes worth 200% of per capita income or $5,000, whichever is greater. Whenever a lawsuit is in more than one court that is comparable to a standard case study. The information is collected in the courts that the parties will use in most cases. The names of the courts involved in each economic zone are published on the Doing Business website at http://www.doingbusiness.org/data/exploretopics/enforcing-contracts for the 11 largest business cities data collection zones. two too The names of the courts involved in that city will also be indicated.

Case study hypothesis

About the case

The value of the claim is 200% of the economic zone's per capita income or $5,000, whichever is greater.
This dispute involves a legitimate transaction between two businesses. For 11 economies, data is collected for the second largest business city as well. according to the contract between the business A seller sells some custom furniture to a buyer worth 200% of per capita economic income or $5,000, whichever is greater. after the seller sends the goods to the buyer The buyer refuses to pay the contract price on the grounds that the product is of inappropriate quality. because it is a manufactured product The seller is therefore unable to sell to others.
The seller (the plaintiff) sued the buyer (defendant) for a refund under the resale contract. Disputes arise before a court located in the largest business city of an economic zone with jurisdiction in a commercial case valued at 200% of per capita income or $5,000, whichever is greater. As noted for the 11 economies, data is collected for the second largest business city as well.
At the beginning of the dispute The seller decides to attach the buyer's moveable assets (such as office equipment and vehicles) because the seller fears the buyer might hide his or her assets or become bankrupt.
The claim is disputed on morality due to the buyer's allegation that the quality of the item is inappropriate. This is because courts cannot decide cases based on documentary evidence or legal names alone. Experts therefore give their opinions on the quality of the product. If it is standard practice in an economic zone for each party to call their own expert witnesses. Each side shall summon one expert witness. If there is standard practice for judges to appoint independent experts The judges will be able to do so. in which case The judge did not allow the testimony of the opposing expert.
According to the opinion of experts The judge determines that the goods delivered by the seller are of reasonable quality and the buyer must pay the contract price. The judge gave a final judgment which was 100% beneficial to the seller.
The buyer did not appeal the judgment. The seller decides to begin enforcing the judgment as soon as the time allotted for appeal has expired.
Seller takes all necessary steps to enforce the decision promptly. Funds are successfully collected through the public sale of the buyer's real estate (such as office equipment and vehicles). It is assumed that the buyer has no funds in his or her bank account. This makes it impossible to enforce judgments through confiscation of a buyer's account.

Time (Duration counted as days)

The time is recorded in calendar days. From the moment the seller decides to file a lawsuit in court until payment is made. This includes the processing date and the waiting period in between. The average duration of the following three phases of dispute resolution is recorded (1) Filing and Service (2) Trial and Judgment (3) Enforcement Time is recorded based on case assumptions. The study detailed above and only applies to competent courts. In addition, the time is saved in practice. regardless of the time limit imposed by law If such time limit is not followed in most cases.

The filing and service phase consists of

The period for the seller to attempt to obtain court proceeds through a written claim that does not involve litigation. This includes how long the letter will be prepared and the deadline for the buyer to comply.
The amount of time it takes for a local attorney to write a preliminary petition and gather all the supporting documents required for filing a lawsuit. including to prove or certify, if necessary.
Time required to file a petition with the court
The amount of time required for the purchaser's service. This includes the duration of the court proceedings. and the waiting period in case of unsuccessful filing If more than one submission is required

The trial and judgment process consists of

The amount of time between the case being delivered to the purchaser and during the pre-trial meeting. If the pre-trial meeting is part of a case-handling technique used by the competent court
The amount of time between the pre-trial meeting and the first hearing. If the pre-trial meeting is part of a case-handling technique used by the competent court If not Indicates that the interval between the time the case is submitted to the buyer is the time when the first trial takes place.
Duration for all judicial activities including exchanging conclusions and evidence multiple trials Waiting period during trial and getting opinions from experts
The length of time necessary for the judge to issue a final written judgment at the end of the hearing period.
Time limit for appeal

The enforcement phase consists of

How long it takes to obtain a copy of the enforceable judgment and contact the relevant Execution Office
The amount of time it takes to locate, identify, seize and transport the losing party's movable property. (including the time necessary to obtain a court order to seize and confiscate the property, if any).
The amount of time it takes to advertise, organize, and hold auctions. If more than one auction is typically required to recover the total claim value in a case that is comparable to a standard case study. The amount of time between successful multiple auctions is recorded.
The amount of time it takes for the winning party to recover the total claim value once the auction is complete.

Cost (Expenses)

The cost is recorded as a percentage of the claim value. This is assumed to be 200% of per capita income or $5,000, whichever is greater. It stores three types of expense data: Average attorney fee court costs and the cost of enforcement

Average Attorney Fee is the fee the seller (plainer) must transfer to a local attorney to represent the seller in a standard case. regardless of final reimbursement Court costs include all costs the seller (plainer) must file a lawsuit in court. Regardless of the final cost that the seller is responsible for. Court costs include fees that parties must pay to obtain an expert opinion. whether they are paid directly to the court or to the experts. Enforcement costs are all costs the seller (plainer) must pay upfront to enforce the judgment through the public sale of the buyer's movable assets. regardless of the final cost borne by the seller. Bribes will not be taken into account.

Quality of Judicial Processes (Quality of justice)

The Judiciary Quality Index measures whether each economy has adopted good practice in its court system in four areas: court structure and proceedings, case management, system court automation and out-of-court dispute resolution

Court structure and proceedings index (Structural index and court ruling)

Consists of 5 components

Is there a specific commercial court, section, or department dedicated only to commercial trials? 1.5 points if available and 0 if not?
Is there a small claims court and/or quick procedure for small claims? 1 point is awarded if the court or procedure is applicable. Applicable to all civil cases And the law determines the value of the cases that can be handled through this court or process. Points are determined only if this court takes a simplified procedure or if the claim process is slightly simplified. An additional 0.5 points will be awarded if the parties are able to present themselves before this court or during this process. If there is no Claims Court or urgent steps will receive a score of 0 points
The plaintiff can request attachments before the trial of the defendant's movable property or not. If they fear the property may be removed from the jurisdiction or distributed elsewhere, they receive 1 point if they can and 0 if they don't.
There are various cases If randomly and automatically assigned to judges across the competent court, 1 point is awarded. If the assignment is random and automatic, 0.5 points are awarded, if it is random but not automatic, and 0 is given. if not random or automatic
A woman's testimony has the same weight as the court's testimony, -1 point. If the law differentiates the value of a woman's testimony from a man's, in any civil, including family case, 0 points are awarded. If not

The index ranges from -1 to 5, with higher values indicating a more complex and streamlined court structure, for example in Bosnia and Herzegovina. There are specialized commercial courts (1.5 points), and minor claims can be resolved through specialized departments that allow their presence (1.5 points). Scores) Cases were randomly assigned through an electronic case management system (1 point). The women's testimony was equal in weight to the men's court testimony (0 points). Increasing these numbers, Bosnia and Herzegovina Rated 5 on the Structural and Judicial Index.

Case management index

Consists of 6 components

Does the law or regulation applicable to civil proceedings have time standards for at least three of the following major court events: (1) the service of the procedural (2) the first trial (3) the filing of the statement. Opposition (4) Completion of Evidence Period (5) Submission of Expert Testimony (6) Final Judgment is awarded 1 point. If the time standard is reached and respected in more than 50% of cases, 0.5. Points If present but not accepted in more than 50% of cases, 0 points are awarded if there are few or no time standards for three or no major court events.
Are there laws that govern the maximum number of deferrals or continuities allowed? Is the deferral limited by law for unforeseen circumstances and is it an exception? And whether these rules are respected in more than 50% of cases, 1 point is awarded. If all three conditions are met, 0.5 points are met. If only two of the three conditions are met, 0 points are awarded. If only one of the conditions is met. single or not exactly
There are publicly available performance metrics reports on competent courts to monitor court performance. to track the progress of the case through the court and to ensure compliance with established time standards, 1 point is awarded if at least two of the following four reports are publicly disclosed: (a measure of the time it takes the court to dispose of/adjudicate cases) (2) Report the clearance rate. (a measure of the number of cases resolved vs. the number of incoming cases) (3) Reporting the age of pending cases. (Gives an overview of all pending cases by case type, age of the case, recent actions held and the next action schedule). (4) A single case progress report. (Gives an overview of the status of a single case) and 0 points are earned if there is only one report or if there is no report.
Is pre-trial conferencing one of the most practical case-handling techniques before a competent court? and at least three of the following points were discussed during the pre-trial meeting: (1) the schedule (including the time frame for filing the petition and other documents with the court); (2) the complexity of the case and the timing of the proceedings. Anticipated trial (3) Possibility of settlement or alternative dispute resolution (4) Exchange of witness lists (5) Evidence (6) Jurisdiction and other procedural issues (7) Limitation Narrowing of controversial matters is awarded 1 point if there are at least three pre-trial meetings in which at least three of these events are discussed within a competent court, and 0 if not.
Competent court judges can use the electronic case management system for at least four of the following purposes: (1) to access law, regulation, and litigation; Cover Page (3) to send notifications (eg email) to attorneys (4) to track the status of the cover case (5) to view and manage case documents (summaries, motions) (6) to assist Write a judgment (7) to create a semi-automated court order (8) to view court orders and judgments in specific cases. 1 point is given if there is an electronic case management system that judges can use for at least four of these purposes. 0 points if none
Can attorneys use the electronic case management system for at least four of the following purposes: (1) to access law, regulation and litigation (2) to access forms to be filed with the court (3) to receive notifications? (e.g. email) (4) to track the status of the case (5) to view and manage case documents (summaries, motions) (6) to submit summaries and court documents (7) to view court orders and decisions in specific cases 1 point is awarded. If there is an electronic case management system that attorneys can use for at least four of these purposes, 0 points are awarded if not.

The index ranges from 0 to 6, with higher values indicating a more efficient and effective case-handling system. For example, in Australia, time standards for at least three important court events are set in the Civil Martial Instruments. relevant and is acceptable in more than 50% of cases (1 point). The law states that deferrals can only be made in unforeseen and exceptional circumstances. And this rule is respected in more than 50% of cases (0.5 points). A time to discharge report can be generated. Clearance rate report and the age of pending case reports with respect to courts of jurisdiction (1 point). Pre-trial meeting is one of the case-handling techniques used before the District Court of New South Wales (1 point). Electronics that meet the criteria listed above are available to referees (1 point) and lawyers (1 point). Increasing these numbers, Australia scores 5.5 on the Case Management Index. This is the highest score an economic zone has received in this index.

Court automation Index

Consists of 4 components

Initial claims can be submitted electronically through a dedicated platform. (not email or fax) within a court of competent jurisdiction will receive 1 point if such platform exists. and the plaintiff does not need to follow up with a printed copy of the complaint, 0 points are awarded if not. Electronic filing is acceptable regardless of the percentage of users. As long as no additional face-to-face interaction is required. And local experts have used this information enough to confirm that it works perfectly.
Initial complaints can be made available to defendants electronically. via a dedicated system or by e-mail, fax, or short message service (SMS). For cases filed in a court of competent jurisdiction, 1 point will be awarded. If electronic services are available and no additional service of the process is required, 0 points are awarded. It is accepted regardless of the percentage of users. As long as there are no additional face-to-face interactions. And enough local experts have used this service to be able to confirm that it works perfectly.
Court fees can be paid electronically. For cases filed with competent courts, either through a dedicated platform or through online banking, 1 point is awarded if fees can be paid electronically. And the plaintiff does not need to follow up with a copy of the receipt or provide a copy of the receipt. 0 points are awarded if electronic payments are not feasible. Electronic payments are accepted regardless of the percentage of users. As long as no additional face-to-face interactions are required. And local experts have spent enough of that money to be able to confirm that this function works perfectly.
Local court judgments will be made available to the general public through publication in the Royal Gazette. In newspapers or on the Internet, 1 point is given. If verdicts in all levels of commercial cases are open to the general public, 0.5 points are awarded; if only judgments in the Court of Appeal and the Supreme Court are made available to the general public, 0 points; in all other cases. No points will be awarded if an individual judgment is required from the court. or if you want the case number or details of the parties to obtain a copy of the judgment

The index ranges from 0 to 4, with higher values indicating an automated court system. effective In Estonia, for example, a preliminary summons can be filed online (1 point), a defendant can be filed electronically (1 point), and court fees can be electronically paid (1 point). Trade cases of all levels are also made public via the Internet (1 point). Increasing these numbers gives Estonia 4 points in the Automatic Court Systems Index.

Alternative dispute resolution (Out-of-court Dispute Resolution or Alternative Dispute Resolution)

Consists of 6 components

Domestic commercial arbitration is subject to consolidated or consolidated laws or sections of the applicable Civil Procedure Code that cover all material aspects. A score of 0.5 if yes and 0 if not.
All types of trade disputes In addition to the public order Public policy, bankruptcy, consumer rights employment problems or intellectual property Can it be submitted to arbitration? 0.5 points if yes and 0 points if not.
Whether the local court enforces an arbitration order or valid agreement in more than 50% of the cases, 0.5 if yes and 0 if no.
Voluntary mediation compromise or both as an acceptable way to resolve a commercial dispute, 0.5 if yes and 0 if not.
Voluntary mediation compromise or both are subject to the Consolidated or Consolidated Acts or sections of the applicable Civil Procedure Code that cover all important aspects, 0.5 if yes and 0 if no.
Is there a financial incentive for the parties to attempt mediation or reconciliation (for example, if the mediation or reconciliation is successful? Refund of court filing fees Income Tax Credit or the like) will earn 0.5 points if yes and 0 points if not.

The index ranges from 0 to 3, with higher values associated with more existing alternative dispute resolution mechanisms. For example, in Israel arbitration is governed by specific rules (0.5 points). All relevant commercial disputes can be Voluntary mediation is the accepted method of resolving commercial disputes (0.5 points) governed by the Rules. only (0.5 points), and a portion of the filing fee will be refunded if the process is successful (0.5 points). All in all, Israel earned 3 points on the Alternative Dispute Resolution Index.

Quality of judicial processes index

The quality of justice index is the sum of the scores in Court structure and proceedings, case management, court automation, and alternative dispute resolutions. from 0 to 18, where higher values indicate better and more efficient justice.

Reforms

The Enforcement Indicator tracks annually the changes related to the effectiveness and quality of the trade dispute resolution system. depending on the results of the data Some of the changes are categorized as reforms and listed in the Doing Business Reform Summary to acknowledge the action of the major changes. Reforms are divided into two categories. Models that make doing business easier and changes that make doing business harder. A set of metrics for enforcement of agreements use three criteria for recognizing reforms:

First, changes in laws and regulations affecting economic zone scores on the quality of the Judiciary Index are classified as reforms. Examples of reforms affecting the Quality Index of Judiciary include preliminary electronic filing measures. Creating a commercial court or department or suggesting a specific system to address minor claims Changes affecting the quality of the Judiciary Index can vary in size and extent. For example, the adoption of a new electronic case management system for judges and attorneys represents reform, with the index increasing by two points, while introducing incentives to parties. Use mediation to represent reforms in an increase of 0.5 points.

Second, the impact of data changes on dispute resolution time and costs was assessed based on the exact change in the overall score of the metric set as well as the change in the relative score gap. from the method of measuring the scores on the enforcement of agreements Any improvement in the law led to a change of 0.5 points or more and 2% or more in the relative score gap of time and cost. would be considered a reform except when the change is The result of automatic indexation of official fees is the price or wage index. Minor fee adjustments or other minor changes in indicators that have an overall impact of less than 0.5 points in the overall score or 2% in the gap are not classified as reforms. But the information will be updated accordingly.

Third, special sized legal changes, such as amendments to the civil proceedings involved. or applicable law This is expected to have a significant impact on future time and costs. will be organized as a reform