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The Impact of Corruption on International Commercial Contracts (Hardcover, 1st ed. 2015)
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The Impact of Corruption on International Commercial Contracts (Hardcover, 1st ed. 2015)
Series: Ius Comparatum - Global Studies in Comparative Law, 11
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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.
General
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