The challenges of effective enforcement of small claims and the complexity of the system – an overview analysis

Abstract

Numerous articles have dealt with the mechanisms of enforcing small claims, but a comprehensive picture has not been provided. The author has undertaken to do so, outlining a map of the sea of diversity that is small claims, showing the characteristics of the forms of enforcement associated with these cases and the characteristics of the cases enforced by them, and identifying any patterns and relationships that may be apparent. By drawing up this "map," we may be able to get closer to the question of whether the legislator has assigned an appropriately effective claim enforcement mechanism to each type of case in the given legal system. This may also provide an opportunity to review the extent to which the forms of enforcement integrated into systems of procedural law at different times and probably based on different concepts have been able to organize themselves into a system, to what extent they complement or compete with each other, and whether there are any gaps in the system.