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n Tydskrif vir die Suid-Afrikaanse Reg - Steekpenningen voor het forum van het privaatrecht
Bribes under scrutiny of private law
Ten years ago the United Nations took an initiative which lead to the 2005 United Nations Convention against Corruption, accepted by the General Assembly as resolution 58/4 of 31 October 2003. The parties to this treaty obliged themselves to pass national legislation concerning prevention, criminalization, international cooperation and asset recovery. Most recent developments have taken place in the United Kingdom. Two years ago an excellent report of the Law Commission for England and Wales under the title Reforming Bribery appeared in England. The bill is awaiting finalisation in parliament. These remedies belong for the greater part in the realm of criminal law. In recent times, however, the question arose, whether or not private law can contribute to the struggle against bribery, more specifically when it comes to asset recovery, one of the specific targets (or, according to article 51: a the fundamental principle of the United Nations Convention against Corruption).
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