The Impact of Corruption on International Commercial Contracts

  • Michael Joachim Bonell
  • Olaf Meyer

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 11)

Table of contents

  1. Front Matter
    Pages i-xiv
  2. Eugenio Hernández-Bretón, Claudia Madrid Martínez
    Pages 439-446

About this book

Introduction

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.

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

Editors and affiliations

  • Michael Joachim Bonell
    • 1
  • Olaf Meyer
    • 2
  1. 1.UNIDROITRomeItaly
  2. 2.Centre of European Law and PoliticsUniversity of BremenBremenGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-19054-9
  • Copyright Information Springer International Publishing Switzerland 2015
  • Publisher Name Springer, Cham
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-19053-2
  • Online ISBN 978-3-319-19054-9
  • Series Print ISSN 2214-6881
  • Series Online ISSN 2214-689X
  • About this book