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Mutor ur ett civilrättsligt perspektiv
| Content Provider | Semantic Scholar |
|---|---|
| Author | Sindahl, Karin |
| Copyright Year | 2018 |
| Abstract | Corruption is about unduly influencing the decision making processes in society for one´s own or somebody else´s gain. This paper deals with bribery from a private law perspective. Behind each completed bribe transaction between a transmitter and a receiver there is an agreement. This bribe itself may have influenced the emergence of another contract, the main contract, which had not been established unless the bribe had been exchanged. At present there is no private regulative law which prohibits or automatically make void or null a bribe agreement or agreements entered into under the influence of bribes. When Sweden in 2004 adopted the Council of Europe´s Civil law convention on corruption, the Swedish private law legislation was deemed to meet the requirements without any legislative amendment being implemented. If a party raises a claim for a bribe agreement, it shall be deemed to be invalid by the court, in accordance to the principle of pactum turpe. The parties who have entered into such an agreement should be able to get it annulled by the court. A main contract that has been entered into under the influence of bribes is not always invalid, but the parties are entitled to bring an action for invalidity trial. No outside third party can bring an action for invalidity, which means that a contract can remain valid in private law, despite the fact that either party has been convicted of criminal proceedings. However, if a person has been convicted of a criminal offense, a legal person can still benefit from the agreements that have arisen as a result of the bribe being exchanged. This is an insight that is very interesting, not least from an anti-corruption perspective. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://lup.lub.lu.se/luur/download?fileOId=8944516&func=downloadFile&recordOId=8944509 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
