This research paper attempts to unpack and analyse various viewpoints and judicial pronouncements on the issue of a separate legal status for Joint Venture vis-à-vis Partnership in some jurisdictions such as Australia, Canada, England, New Zealand and the United States.
The paper will aim to simplify, as much as possible, the meaning and types of Joint Venture and argue in favour of a regulatory statute for Joint Ventures, with special reference to Resources Joint Ventures as obtainable in Australia and New Zealand. In doing so, the paper will set out the contexts and legal parameters that embody the concept of Joint Venture. Joint Venture statutes are gradually becoming necessary bearing in mind the ever-increasing rate of cross-border transactions, as well as international activities towards the harmonisation and codification of legal principles and their applications into a single legal framework, which started before the turn of the twenty-first century and have intensified since then.
Inhaltsverzeichnis (Table of Contents)
- I INTRODUCTION
- II AN EXAMEN OF THE CONCEPT OF JOINT VENTURE VIS-À-VIS PARTNERSHIP
- A Background
- B Partnership
- 1 Business Being Carried On
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research paper critically examines the legal status of Joint Venture arrangements in relation to Partnership, analyzing various viewpoints and court decisions. The paper aims to simplify the defining principles of Joint Venture and argue in favor of a governing statute to set out its legal context and parameters. It specifically focuses on Resources Joint Ventures, suggesting a separate legal status and a governing statute are warranted for these arrangements.
- The separate legal status of Joint Venture in comparison to Partnership.
- The need for a Joint Venture statute in the 21st century.
- The distinctive technical features of Joint Venture and Partnership.
- The economic and international developments that necessitate a Joint Venture statute.
- The key elements that a Joint Venture statute should contain.
Zusammenfassung der Kapitel (Chapter Summaries)
The paper begins by exploring the historical context of Joint Venture, tracing its emergence as a separate legal entity from Partnership. It examines the differing legal perspectives on Joint Venture, including those that view it as a distinct entity and those that consider it a variant of Partnership.
Part II focuses on defining Joint Venture and Partnership, highlighting their technical distinctions. It also proposes a new categorization of Joint Ventures - Profit-sharing Joint Venture and Product-sharing Joint Venture. The chapter examines the jurisprudence of these legal concepts in various jurisdictions including Australia, Canada, England, New Zealand, and the United States.
Schlüsselwörter (Keywords)
Joint Venture, Partnership, Resources Joint Venture, legal status, separate legal status, governing statute, Joint Venture statute, Profit-sharing Joint Venture, Product-sharing Joint Venture, jurisprudence, economic development, international harmonization.
- Citation du texte
- Michael Ukponu (Auteur), 2019, Revisiting the Propriety of a Joint Venture Statute, Munich, GRIN Verlag, https://www.grin.com/document/934155
