Contracts obtained by means of bribery: should they be void or valid?

被引:0
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作者
Mathias Nell
机构
[1] University of Passau,Department of Economics
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关键词
Bribery; Contracts; Nullity; Private law; Validity; Voidability; G34; G38; K12; K14; K42;
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摘要
This paper argues that contracts obtained by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It is argued that other instruments are more suitable for preventing corruption.
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页码:159 / 176
页数:17
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