Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-zzh7m Total loading time: 0 Render date: 2024-04-28T03:33:41.313Z Has data issue: false hasContentIssue false

4 - Courts and Credit

Published online by Cambridge University Press:  08 September 2023

Maanik Nath
Affiliation:
Universiteit Utrecht, The Netherlands
Get access

Summary

Summary: Amidst high default rates, how did moneylenders recover unpaid loans? They had two options. One was to recover loans informally through private negotiations with borrowers. The other was to execute written contracts and revert to courts to enforce these contracts. This chapter analyses the history of courts as well as land laws, contract laws and credit surveys to examine the costs incurred by lenders to enforce different types of contracts in the unregulated market. Judicial proceedings were expensive in colonial India and often exceeded the size of loans. The chapter records a loan upgrading process in which lenders attached different types of contracts depending on the stage of default and reimbursed the costs of enforcing these contracts by charging higher interest rates. For small loans in high-risk areas, enforcement was through private negotiations and conditions harsh. These findings suggest an inverse relationship between transaction costs and equity in credit markets.

Type
Chapter
Information
Capital Shortage
Credit and Indian Economic Development, 1920–1960
, pp. 72 - 108
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Courts and Credit
  • Maanik Nath, Universiteit Utrecht, The Netherlands
  • Book: Capital Shortage
  • Online publication: 08 September 2023
  • Chapter DOI: https://doi.org/10.1017/9781009359023.004
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Courts and Credit
  • Maanik Nath, Universiteit Utrecht, The Netherlands
  • Book: Capital Shortage
  • Online publication: 08 September 2023
  • Chapter DOI: https://doi.org/10.1017/9781009359023.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Courts and Credit
  • Maanik Nath, Universiteit Utrecht, The Netherlands
  • Book: Capital Shortage
  • Online publication: 08 September 2023
  • Chapter DOI: https://doi.org/10.1017/9781009359023.004
Available formats
×