This paper analyzes the relation between the quality of the legal enforcement of loan contracts and the allocation of credit to households, both theoretically and empirically.

Under both federal and state arbitration law, arbitrators are generally understood to have the authority to rule on their own jurisdiction in the first instance, including ruling on whether the parties have agreed to arbitrate. A party that asserts it has not agreed to arbitrate is entitled to...

Contrasta a técnica empregada pelas autoridades reguladoras do mercado de correspondentes com a prática contratual estabelecida nesse mercado pelas instituições autorizadas a funcionar pelo Banco Central do Brasil (BCB). Conclui que o efetivo alcance dos objetivos da regulação mostra-se...

Financial institutions constitute an increasingly important cornerstone of capital markets, yet research at the intersection of asset management contracts and asset pricing remains sparse. In this paper, I study how externalities of managerial contracts affect asset prices in the context of...

The wide use of netting agreements is regarded as highly beneficial, both by financial market participants and by regulatory authorities. One might even say that some of the fundamental mechanisms used to govern modern markets (risk management, establishment of capital requirements) are...

A deep-seated rule in Israeli law is that the bank owes a fiduciary duty to its customers. The concept of imposing a fiduciary duty on banks is not originally an Israeli one. The Israeli courts adopted it from British law. However, from the moment that it was introduced in Israel, the courts...

According to Israeli law, the bank owes a fiduciary duty to its customers. However, recently, the Israeli courts have expanded the doctrine of the ban's fiduciary duty in various ways: In terms of the content o the duty; in terms of the scope of the beneficiaries – other than customers –...

The article deals with the duty of disclosure that is imposed on the bank. Various legal systems impose a duty of disclosure on the bank vis-à-vis the customer. However, this “duty of disclosure” is a narrow duty that only obliges the bank to provide the customer with the informative data...

This paper analyses empirically the effect of judicial efficiency on bank credit contractual terms for the universe of Italian corporations borrowing from the banking sector. Exploiting within-country variation in the length of bankruptcy proceedings across different jurisdictions, the paper...