Contracts Induced by Means of Bribery: Should they be Void or Valid?

This paper argues that contracts induced 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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Year of publication:	2008
Authors:	Nell, Mathias
Publisher:	Nürnberg : Friedrich-Alexander-Universität Erlangen-Nürnberg, Bavarian Graduate Program in Economics (BGPE)
Subject:	Bribery \| Contracts \| Corruption \| Due Diligence \| Enforcement \| Impugnment \| Liability \| Leniency \| Nullity \| Private Law Validity \| Voidability \| Voluntary Disclosure (Program)

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Series:	BGPE Discussion Paper ; 42
Type of publication:	Book / Working Paper
Type of publication (narrower categories):	Working Paper
Language:	English
Other identifiers:	747234744 [GVK] hdl:10419/73376 [Handle] RePEc:bav:wpaper:042_nell [RePEc]
Classification:	G34 - Mergers; Acquisitions; Restructuring; Corporate Governance ; G38 - Government Policy and Regulation ; K12 - Contract Law ; K14 - Criminal Law ; K42 - Illegal Behavior and the Enforcement of Law
Source:	EconStor

Persistent link: https://www.econbiz.de/10010294671