Корупција са становишта уговорног права
Corruption from the Contract Law Viewpoint

Summary/Abstract: Corruption in the form of a contract of bribe appears in very different forms (material or non-material rewards, given through some known legal forms or secretly, followed by visible or invisible favours by the bribed person, etc.), and it is frequently bordering with the allowed legal acts (e.g. mandate contract commission).The key elements of the notion of bribery in contracts are: 1. Giving certain valuable consideration in exchange for favouring the briber; 2. Secrecy of the act of giving a reward; 3. Counterprestation (influence) of the bribed in view of concluding a contract in favour of the briber. A contract of bribe is an immoral contract and, as such, it is void with all implied consequences. Nullity can be officially referred to by the court itself. Speaking about consequences of the nullity of a contract due to bribery, the rule of Nemo auditur turpitudinem suam allegans has an important role for the restitution of the reward given. The contract concluded between the briber and a third party, for which the bribed person had been given a reward (bribe), i.e. the so-called basic contract is not void. However, its validity can be questioned in certain circumstances. When the other contracting party finds out that the contract it concluded was achieved due to the bribing of its representative or employee, or a third party, it may refer to the Code of Obligations governing mistake or fraud. If the contract is rendered void due to those reasons, the return of the given reward is discussed in accordance with the law of unjust enrichment. Moreover, the party acting in good faith is entitled to damages.

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