The Right of Recovery in Civil Law: Mechanisms, Challenges, and Reform Proposals

Abstract

The complexity and variability of recovery mechanisms in civil law systems pose significant challenges, including procedural inefficiencies, limited access, and inconsistent enforcement. These issues hinder the effectiveness of recovery processes and necessitate comprehensive reforms. This paper analyzes the existing challenges within recovery systems and proposes reforms to enhance accessibility, efficiency, and fairness. Particular attention is given to improving procedural clarity, integrating technology, and fostering international cooperation for cross-border disputes. The study proposed a mixed-methods approach by combining doctrinal analysis with case studies of recovery mechanisms across various jurisdictions. Comparative analyses of successful legal frameworks are conducted to extract best practices. Furthermore, the proposed reforms are tested through a simulated application in a theoretical legal environment, assessing their impact on procedural efficiency, access to justice, and enforcement outcomes. The results highlight key gaps in recovery systems, such as prolonged delays and limited accessibility for marginalized groups. The proposed framework demonstrates significant improvements in reducing case backlogs, increasing access, and ensuring fair outcomes. Specifically, integrating technology such as e-filing systems and online dispute resolution platforms reduced average case resolution time by 35% and enhanced accessibility for remote users. The proposed reforms create more effective and equitable recovery systems by bridging theoretical ideals and practical implementation gaps. These findings underscore the potential of innovative legal frameworks and technology-driven solutions in addressing persistent challenges in civil law recovery.