Nanni Felicitas SpitzerDie Steuerung von Joint Ventures:
Notwendigkeit, Zulässigkeit und Grenzen

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As technology innovation processes speed up and competition grows due to the increasing globalization, joint ventures gain more and more importance both in the international and national context. Due to their structural flexibility joint ventures offer the partners involved a good way to share costs and risk either of an important project or for the entrance into a new market and also allow them to benefit from the respective partner´s network and know-how.

While joint ventures certainly constitute a special form of cooperation, German law does not provide specific legal regulations for them. Depending on the legal set up chosen by the partners, the structure and organisation of joint ventures is governed by the common legal forms of German corporate law. Thus, joint ventures do not only bear a high conflict potential under economic aspects but also raise a wide range of legal questions.

The author analyses the best corporate structure of national joint ventures and discusses the most important questions that arise in connection with the possibilities and limitation of controlling a joint venture (entity) by the partners.

Taking into account the development of academic opinions and case law, the author analyses the material questions of the joint venture system, such as the potential conflicts between the joint venture agreement and the bylaws of the joint venture entity as well as ist impact on the influence of the partners.

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