Ist der Joint-Venture-Vertrag (immer) eine GesBR?, GesRZ 2018, 32-43 (Linde Verlag)
Syndicate agreements are common practice in the world of companies and are used in particular by corporations. They are usually qualified as GesBR. According to the GesbR-RG (FN 1), however, there has been a minor outcry in the doctrine, as the dispositive ordinary right of termination (§ 1211 ABGB as amended before the GesbR-RG [hereinafter: ABGB aF]) which had been in force until then has been converted into a mandatory right of termination (§ 1209 (2) ABGB). It was pointed out that this adoption of the OG or KG law ([§ 161 (2) in conjunction with § 132 (2) UGB) was not appropriate for syndicate contracts. Even the qualification of the syndicate contract as GesBR was questioned. This was followed by a legislative amendment in the form of APRÄG 2016 (FN 2), and the old legal situation was returned to for internal companies. But do syndicate agreements (always) have to be GesBRs even under the new or old legal situation? Since joint venture contracts are nothing more than a special form of syndicate contracts, the same question arises in their case. This will be examined below.
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