Is Lending the Key to Happiness?

Pairault, Thierry

Is Lending the Key to Happiness? - 2007.


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The limitation of financial and/or microfinancial risks is first and foremost a question of institutions and “financial culture”. The great range of difficulties China has in reforming its financial system provides a mass of proof of this. Through lack of provision for collateral of certain property or of authorization of the constitution of securities, it is the practice itself of the loan which is restricted by it. Consequently, because there is no lessening of the risk, it is the spirit of enterprise which is holding back Chinese law. Some, however, attempt to overcome these obstacles, at their expense. This is recalled by the “Sun Dawu affair” which serves here as an introduction before an examination of the Chinese law on securities, of the question of borrower and that of the loan communities, then an explanation of the dilemma of the creditor prisoner of his debt and, finally, consideration of the traditional Chinese “popular” ways.

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