Includes bibliographical references. "This volume contains the national reports from the 19th International Congress of Comparative Law that took place in Vienna from 20 to 26 July 2014"--Preface.
Contents:
Still some unclarity regarding the legal consequences arising from the nullity of agreements through corruption : Estonia / Marko Kairjak -- New wine in old bottles : corrupt foreign contracts in Canadian private law / Joshua Karton and Jenna-Dawn Shervill -- Balancing public interest with transactional security : the validity of contracts tainted with corruption under Chinese law / Qiao Liu and Xiang Ren -- Consequences of corrupt practices in business transactions (including international) in terms of Czech law / Jiří Valdhans -- The civil law consequences of corruption according to the laws of the least corrupt country in the world : Denmark / Peter Damsholt Langsted and Lars Bo Langsted -- English judges : little mice in the big business of corruption? / Yseult Marique -- Still some unclarity regarding the legal consequences arising from the nullity of agreements through corruption : Estonia / Marko Kairjak -- For a few dollars more : corruption in Singapore / Michael Furmston -- The effects of corruption on contracts in Italy : the long road towards a legal and fair, competitive market / Paola Mariani -- Contracts tainted by corruption : does Dutch civil law augment the criminalization of corruption? / Abiola O. Makinwa and Xandra E. Kramer -- Civil law forfeiture as means to restrict the application of the in pari delicto-principle and other private law consequences of corruption under Polish Law / Maksymilian Pazdan and Maciej Zachariasiewicz -- Corruption in international commercial contracts : a Portuguese substantive and private international law perspective / Luís de Lima Pinheiro -- Russian experience and practice on civil law consequences of corruption / Sergey Usoskin -- For a few dollars more : corruption in Singapore / Michael Furmston -- Fighting corruption from the civil side : echoes from the silence of Venezuelan contract law / Eugenio Hernández-Bretón and Claudia Madrid Martínez. Impact of bribery on contracts under Swiss civil law / Christa Kissling -- The civil law consequences of corruption under the UNIDROIT Principles of International Commercial Contracts : an analysis in light of international arbitration practice / Richard H. Kreindler and Francesca Gesualdi -- The United States' multidimensional approach to combatting corruption / Padideh Alaʹi -- Fighting corruption from the civil side : echoes from the silence of Venezuelan contract law / Eugenio Hernández-Bretón and Claudia Madrid Martínez.
Summary:
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.
Series:
Ius comparatum. Global studies in comparative law, volume 11
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.