PRAKT. MANUALS FOR D E AUSLAENDER FOREIGNER RİGHT
11- Joint venture contract
in follow the increasing activities of the foreign Geselschaften active in Turkey becomes those remark area of the international contract joint venture still more importantly.
In the contract joint venture must be foreign at least one of the parties. Otherwise a contract cannot be called joint venture. Thus, those for a certain time and limits justified partnership for completion certain business as " joint venture " is called. The partnership is in sonderer meaning a type of joint venture.
A legal regulation, which regulates all type and pages of joint venture, is missing in the Turkish juridical system. The joint venture of contracts, which are justified as partnership, direct themselves in the Turkish right in the general after the regulations via the simple society. However a simple society consists in principle of the natural persons. Besides at least one of the Contracting Parties must be foreign in joint venture contracts. Despite the partnership no legal entity like the simple Geselschaften is, is obligated regarding the income taxes for corporation tax and as fullobligated. Only for business justified joint venture except the society defined in the corporation tax law depend on the regulations over the simple societies.
All rights, which surrendered the Geselschafter to joint venture, are subordinate to the regulations over the total property. However the Geselschafter can determine the regulations by a declaration/agreement over the community of property by undivided shares.
With the joint venture contracts the resolutions are unanimously made as rule. If it is indicated in the contract that the resolutions can be met with a majority of votes, is determining with a majority of votes not the stock majority but person majority.
Since joint venture is usually created as simple partnership, there is no party authority in the complaint. For this reason it is necessary that into by the simple partnership to opening complaints all partners are expelled as plaintiffs and in the other case all partners as deplored one.
Joint venture ends automatically in the case of the fulfilment of the purpose. It is not necessary that one of the parties quits the contract. If it is stated that it is impossible is resolved that the pursued target is achieved with the establishment of joint venture, in this case joint venture.
The right determined with the Vertarg is to be applied the conflicts of joiunt venture. If it is not agreed upon with the contract, is to be applied the right debt payment place. If the debt payment place is more than one, the right of the place, where the heavy proportion of the debt is to be fulfilled is, to apply. If it no mutual performances in debt-hold back-eat gives, is the right, which with the conflict closer connection has to apply. If with the joint venture contract that is determined to the contract right with the contract, arbitral which can be applied, procedure and is not not determined that, the right which can be applied is determined on the part of arbitrators.
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Hacı Ali Özhan
hacialiozhan@mynet.com
Not:German-Deustch:PRAKTİSCHER HANDBUCH FÜR DİE AUSLÄNDER ....Ausläderrecht-
1.Einführng
2.allgemeiner Blick auf das türkischen Rechtssystem
3.Burgerrecht
4.Das Klagerecht und die an der Klage zu leistende Sicherung des Ausländers
5.Die Anerkennung der gerichtlichen und schiedsrichterlichen Entscheidungen
6.PERSONENRECHT
7.Yabancının taşınmaz edinmesi
8.Dernek, Sendika ve Sosyal güvenlik
9.ERZIEHUNGSRECHT
10.HANDELSRECHT
11.Joint Venture Vertrag
12-Europavertrag und individuelles Antragsrecht
13-Die Eheschliessung, das Verlöbnis, Die Abstammung
14-Ehescheidung, Die elterliche Sorge, Unterhaltspflicht, Schadenersatz
15-Strafrecht