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Should Courts Enforce Credit Contracts Strictly?

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Author Info
Alberto Zazzaro

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Abstract

The intimate linkages between law and finance are currently the centre of wide-ranging empirical investigations. This article presents a simple banking model with information asymmetries concerning borrowers' entrepreneurial talent. It is shown that improvements in the enforcement of contract by courts reduce agency problems but can also reduce the bank's incentive to screen borrowers adequately, thus worsening credit allocation. A stricter enforcement of credit contracts, therefore, may be socially harmful even if costlessly achieved. Improvements in accounting standards, however, always make bank screening of borrowers less costly and improve credit allocation and social welfare. Copyright 2005 Royal Economic Society.

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File URL: http://www.blackwell-synergy.com/doi/abs/10.1111/j.1468-0297.2004.00964.x
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Publisher Info
Article provided by Royal Economic Society in its journal The Economic Journal.

Volume (Year): 115 (2005)
Issue (Month): 500 (01)
Pages: 166-184
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Handle: RePEc:ecj:econjl:v:115:y:2005:i:500:p:166-184

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  1. Charles Yuji Horioka & Shizuka Sekita, 2009. "Are Fast Court Proceedings Good or Bad ? : Evidence from Japanese Household Panel Data," Working Papers 0916, Groupe d'Analyse et de Théorie Economique (GATE), Centre national de la recherche scientifique (CNRS), Université Lyon 2, Ecole Normale Supérieure. [Downloadable!]
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  2. Régis Blazy & Bertrand Chopard & Agnès Fimayer, 2008. "Bankruptcy law: a mechanism of governance for financially distressed firms," European Journal of Law and Economics, Springer, vol. 25(3), pages 253-267, June. [Downloadable!] (restricted)
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  3. Strauss, Jason David, 2008. "Uberrimae Fidei and Adverse Selection: the equitable legal judgment of Insurance Contracts," MPRA Paper 10874, University Library of Munich, Germany. [Downloadable!]
  4. Hainz, Christa, 2007. "The Effect of Bank Competition on the Bank's Incentive to Collateralize," Discussion Papers in Economics 2007, University of Munich, Department of Economics. [Downloadable!]
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