Balancing Public Interest with Transactional Security

Balancing Public Interest with Transactional Security
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ISBN-10 : OCLC:1306190376
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Book Synopsis Balancing Public Interest with Transactional Security by : Qiao Liu

Download or read book Balancing Public Interest with Transactional Security written by Qiao Liu and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the civil law consequences of corruption currently prescribed under Chinese law is that a contract may be rendered void by virtue of its connection with corruption. By providing for five such circumstances, art 52 of China's Contract Law reflects an absolutist approach that nullifies any contract that comes into contact with illegal conduct such as bribery. Unfortunately, invalidating a contract in most of those circumstances carries the cost of potentially harming a bona fide third party. On closer scrutiny, it may even do a disservice to the very purpose it is supposed to serve, such as the protection of state assets. It is thus submitted that, except where the contract itself is used as a vehicle to carry out the bribery, the contract is not void by reason of its connection with the bribery, at least where the parties have reached a genuine agreement.


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