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:	2008-02
Authors:	Nell, Mathias
Institutions:	Wirtschafts- und Sozialwissenschaftliche Fakultät, Friedrich-Alexander-Universität Erlangen-Nürnberg
Subject:	Bribery \| Contracts \| Corruption \| Due Diligence \| Enforcement \| Impugnment \| Liability \| Leniency \| Nullity \| Private Law Validity \| Voidability \| Voluntary Disclosure (Program)

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Extent:	application/pdf
Series:	Working Papers.
Type of publication:	Book / Working Paper
Notes:	Number 042 17 pages
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:	RePEc - Research Papers in Economics

Persistent link: https://www.econbiz.de/10005227723