Tarptautinės jungtinės veiklos teisinis reguliavimas ir taikytina teisė

Abstract

The doctoral thesis analyses the contractual relationship having a shared commercial goal and shared control between two or more legal persons and the regulatory framework related thereto. The thesis is aimed at identifying challenges related to interpretation and application of regulatory framework to an international joint venture from the perspective of interrelationship between an international joint venture and a partnership, as well as at suggesting solutions to identified problems in line with the prevailing regulatory trends in international joint venture within the context of substantive law and conflict of law. The first part gives an overview of historical aspects which laid the fundamentals for identifying aspects qualifying an international joint venture and delimiting it from a partnership or other commercial contracts, analysing the properties and characteristics thereof. Through this process the criteria are identified which will, at a later stage, help to evaluate the regulatory framework, legal forms of an international joint venture, types of contracts and determine the applicable law, the most striking differences between an international joint venture and partnership; the quantitative research findings are also presented in the first part. The second part unveils the trends and prospects for regulatory framework of an international joint venture, submits a concise analysis of EU supranational enterprises and key initiatives, presents the relevant Laimonas Marcinkevičius TARPTAUTINĖS JUNGTINĖS VEIKLOS TEISINIS REGULIAVIMAS IR TAIKYTINA TEISĖ Doctoral Dissertation Maketavo Jelena Babachina 2015 12 21. 20,375 spaudos l. Tiražas 20 egz. Užsakymo Nr. 10013965 Mykolo Romerio universitetas Ateities g. 20, Vilnius www.mruni.eu roffice@mruni.eu Parengė spaudai ir spausdino UAB „Vitae Litera“ Savanorių pr. 137, Kaunas www.bpg.lt info@bpg.lt quantitative research findings and analyses practical application issues of these forms and trends for possible structuring of an international joint venture. The second part also looks into the regulatory framework and case law pertaining to legal forms of international joint venture (joint venture (partnership) and private limited liability company) in Lithuania, it also investigates into the appropriateness of these forms for various forms of international joint venture. Inter alia, in this part the challenges of interpretation and application of the regulatory framework related to an international joint venture are disclosed, presenting solutions and scholarly insights into prospects for the regulatory framework. The third part overviews the impact of properties of an international joint venture on determination of applicable law, analyses the procedure for establishing the applicable law and the evolution of the regulatory framework related thereto, examines the fundamental legal act regulating the law applicable to contractual obligations, namely, the Rome I Regulation, and presents the relevant quantitative research findings.