Michael Joachim Bonell – författare
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This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
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A common frame of reference for European contract law
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This publication contains writings concerning the themes presented and discussed during the meeting. Many of the leading experts in the field attended the meeting.
Table of Contents Does business want a Common Frame of Reference? Paul Abbiati
Is the Draft Frame of Reference compatible with the Position of the Council? - How should the Academic Research be continued? Christian von Bar
Topic 2: The Content of the political CFR – how to prioritise Hugh Beale
Discours d’ouverture, conférence « un cadre commun de référence pour le droit européen des contrats » Jean-Marie Bockel
Do we need specifically European optional instruments for international business transactions? Michael Joachim Bonell
Why the “optional instrument” is not our option Tomáš Břicháček
Informations d’ordre général sur le travail de la Commission relatif au cadre de Référence, ainsi que la voie à suivre Alain Brun
The relationship between the Political frame of reference (PFR) and the consumer acquis Bénédicte Fauvarque-Cosson
Some Aspects on the Position of the CCBE on the DCFR Friedrich Graf von Westphalen
The Common Frame of Reference as a basis for future harmonisation of the law of sale and lease of goods Johnny Herre
A Plea for a Binding Instrument Ole Lando
Erwartungen an den politischen Referenzrahmen Klaus-Heiner Lehne
The results of the discussions in the Council and the future political work with the frame of reference Tanja Rasmusson
Drafting new model rules on sales: CFR as an alternative to the CISG? Ingeborg Schwenzer & Pascal Hachem
Do we need a codification? Leif Sevón
Is non-contractual liability arising out of damage caused to another a natural part of a political frame of reference? Lena Sisula-Tulokas
The (Draft) Common Frame of Reference as a toolbox and as a basis for an optional instrument Matthias E. Storme
Common Frame of Reference and UNIDROIT Principles of International Commercial Contracts: Coexistence, Competition, or Overkill of Soft Law? Stefan Vogenauer