Kasatkina, A.S. Joint ventures in the international private law

Abstract: Currently the legal science uses a number of terms for describing the matters identical to those recognized as “ joint ventures”. The contents of this term include a wide range of objects, including legal entities, which were formed with participation of foreign and national founders, contractual forms of interaction of the above-named investors, not presupposing the joint capitals within legal entities – organizations. The term “ joint venture” is used for two legal terms: a contract, based on which a partnership or a fellowship may act, while not having a status of a legal entity, and the legal entity which is formed with the joint efforts of a foreign and a national investors. It is important to note that a joint venture is not a recognized form of a legal entity, and it may be formed within one of the organizational legal forms, if the co-investors should decide to join their capitals via a new legal entity, having legal capacity. Therefore, a joint venture is a collective category, uniting any types of legal entity and organizations, having no independent legal status, as well as the contractual forms of joint activities, in which foreign and national investors participate on equal terms. The article is concerned with the above-mentioned issues, as well as a number of others.

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