La joint venture contractual en el ámbito internacional

Abstract

The joint venture has emerged in the international business aside the legal regulations. It is characterized as an agreement of cooperation to accomplish a joint business in which the parties make their contributions, keep their independence and share the control of the business. The modality known as contractual or non-equity joint venture -usually forgotten by the authors- shares the elements and nature of the so called equity or incorporated joint venture, though both categories differ in the instruments used by the parties for their implementation. The concept includes those joint venture in which the parties do not choose a corporation to operate, but any other form foreseen by a national law or a contractual relationship tailored by the parties in all its extension not constituting an entity recognized by statute. Anyway, the will of the parties must be contractually detailed in the joint venture agreement and the ancillary contracts, being necessary to determine in every case the legal regime applicable, since this legal entity is not regulated in the majority of the national laws.