Overview
- Shows the relevance of international initiatives on anti-corruption
- Offers an innovative contribution to an almost un researched area of law
- Provides up-to-date information on countries that is difficult to access, including China
- Includes a thorough comparison of the pros and cons of the different national approaches
Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 11)
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Table of contents (19 chapters)
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Front Matter
Keywords
- Bribe agreement
- Civil Law consequences of corruption
- Collusion and restitution
- Commercial contracts
- Context of corruption
- Contracts tainted by corruption
- Council of Europe’s Civil Law Convention
- Dutch Civil Law and Augment the Criminalization of Corruption
- Enforceability of problematic types of contracts
- Exchange for favourable contract terms
- Expertise to help funnel bribes to agents
- Fraud and mistake
- General contract law
- Illegality and immorality
- International Commercial contracts
- Modern global commercial order
- Personal benefit
- Prevent the payment of bribes for acquiring contracts
- United Nations Convention against Corruption
- Validity of contracts
About this book
This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Editors and Affiliations
Bibliographic Information
Book Title: The Impact of Corruption on International Commercial Contracts
Editors: Michael Joachim Bonell, Olaf Meyer
Series Title: Ius Comparatum - Global Studies in Comparative Law
DOI: https://doi.org/10.1007/978-3-319-19054-9
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-19053-2Published: 07 September 2015
Softcover ISBN: 978-3-319-36363-9Published: 22 October 2016
eBook ISBN: 978-3-319-19054-9Published: 29 August 2015
Series ISSN: 2214-6881
Series E-ISSN: 2214-689X
Edition Number: 1
Number of Pages: XIV, 446
Number of Illustrations: 1 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law , Criminal Law and Criminal Procedure Law