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Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption Under Chinese Law CPCI-SSH
会议论文 | 2015 , 11 , 77-98 | 19th International Congress of Comparative Law
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Abstract :

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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GB/T 7714 Liu, Qiao , Ren, Xiang . Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption Under Chinese Law [C] . 2015 : 77-98 .
MLA Liu, Qiao 等. "Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption Under Chinese Law" . (2015) : 77-98 .
APA Liu, Qiao , Ren, Xiang . Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption Under Chinese Law . (2015) : 77-98 .
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A Report on Commercial Codification in China, with a Focus on General Provisions CPCI-SSH
会议论文 | 2014 , 2 , 81-90 | 2nd Quadrennial Thematic Congress of the International-Academy-of-Comparative-Law (IACL) on Codification
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GB/T 7714 Liu, Qiao , Ren, Xiang , Zhang, Zhenxing . A Report on Commercial Codification in China, with a Focus on General Provisions [C] . 2014 : 81-90 .
MLA Liu, Qiao 等. "A Report on Commercial Codification in China, with a Focus on General Provisions" . (2014) : 81-90 .
APA Liu, Qiao , Ren, Xiang , Zhang, Zhenxing . A Report on Commercial Codification in China, with a Focus on General Provisions . (2014) : 81-90 .
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