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How Law and Institutions Shape Financial Contracts: The Case of Bank Loans

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Author Info
Jun Qian
Philip E. Strahan
Abstract

We examine empirically how legal origin, creditor rights, property rights, legal formalism, and financial development affect the design of price and non-price terms of bank loans in almost 60 countries. Our results support the law and finance view that private contracts reflect differences in legal protection of creditors and the enforcement of contracts. Loans made to borrowers in countries where creditors can seize collateral in case of default are more likely to be secured, have longer maturity, and have lower interest rates. We also find evidence, however, that ?Coasian? bargaining can partially offset weak legal or institutional arrangements. For example, lenders mitigate risks associated with weak property rights and government corruption by securing loans with collateral and shortening maturity. Our results also suggest that the choice of loan ownership structure affects loan contract terms.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 11052.

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Date of creation: Jan 2005
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Handle: RePEc:nbr:nberwo:11052

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Find related papers by JEL classification:
K0 - Law and Economics - - General
G2 - Financial Economics - - Financial Institutions and Services
O5 - Economic Development, Technological Change, and Growth - - Economywide Country Studies

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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Doris Neuberger & Solvig Räthke, 2006. "Microenterprises and Multiple Bank Relationships: Evidence from a Survey among Professionals," Thuenen-Series of Applied Economic Theory 61, University of Rostock, Institute of Economics, Germany. [Downloadable!]
  2. Paul Wachtel & Rainer Haselmann, 2006. "Institutions and Bank Behavior," Working Papers 06-16, New York University, Leonard N. Stern School of Business, Department of Economics. [Downloadable!]
  3. Haselmann, Rainer & Pistor, Katharina & Vig, Vikrant, 2006. "How Law Affects Lending," MPRA Paper 157, University Library of Munich, Germany. [Downloadable!]
  4. Raghuram G. Rajan, 2005. "Has financial development made the world riskier?," Proceedings, Federal Reserve Bank of Kansas City, issue Aug, pages 313-369. [Downloadable!]
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  5. Berger , Allen N & Hasan , Iftekhar & Zhou, Mingming, 2007. "Bank ownership and efficiency in China: what lies ahead in the world’s largest nation?," Research Discussion Papers 16/2007, Bank of Finland. [Downloadable!]
  6. Safavian, Mehnaz & Sharma, Siddharth, 2007. "When do creditor rights work?," Policy Research Working Paper Series 4296, The World Bank. [Downloadable!]
  7. L. Bottazzi & M. Da Rin & T. Hellmann, 2007. "What is the Role of Legal Systems in Financial Intermediation? Theory and Evidence ," Working Papers 613, Dipartimento Scienze Economiche, Università di Bologna. [Downloadable!]
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