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The Emergence of the Concept of Unjust Enrichment in New Zealand, Its Relationship to the Remedial Constructive Trust and the Development of the Status of Joint Ventures in Equity  [cached]
Sue Tappenden
Journal of Politics and Law , 2009, DOI: 10.5539/jpl.v1n3p32
Abstract: From the 1970s onward there have been numerous attempts to persuade the courts of New Zealand that unjust enrichment might be an acceptable basis for imposing equitable remedies. The foundation for this proposition rests upon the supposed existence of a broad principle that the imposition of a constructive trust is justified in any circumstances where it would be against equity or good conscience to allow the retention of property by one who has an ostensible legal title. So the unjust enrichment, once established, becomes the cause of action and the constructive trust follows as an equitable remedy of a proprietary nature which is available to prevent the unjust enrichment. This has important ramifications for the development of the law pertaining to restitution in this country. This paper will show that the acceptance of the remedial constructive trust is linked to the development of a law of restitution founded upon the principle of unjust enrichment. It will also be shown that, while the roots of the conceptual distinction between law and equity remain intact, in many courts the practical ramifications of that distinction are being eroded, particularly in commercial cases.
Innovation through Joint Ventures. Implications and Role of the Top Management Team Innovación a través de Joint Ventures. Implicaciones y papel del Equipo de Alta Dirección
Andrea Ruiz Restrepo,,María del Carmen Camelo Ordaz
AD-minister , 2009,
Abstract: Although equity-based arrangements, particularly Joint Ventures, are more effective than the contractual ones when trying to have access to knowledge needed for innovation, research on the factors on how to successfully achieve the development and implementation of this strategy is scarce and scattered. From the Upper Echelon Theory, the objective of this work is to develop a review and integration of the literature about shared control Joint Ventures, top management teams and innovation and to propose a framework of relationships. The role and implications of the top management team in carrying out a Joint Venture created to innovate is analyzed in this article, having as a conclusion that the diversity of the TMT (top management team) can positively or negatively influence the results of such innovation. The directive nature of their work in relation to the parent companies may hinder the achievement of the objectives for which they were created. Other factors that may help correct the negative implications about innovation, created by the team composition and the characteristics of their work, are also considered. Aunque los acuerdos basados en capital, especialmente las Joint Ventures, son más efectivos que los contractuales a la hora de acceder al conocimiento necesario para la innovación, la investigación sobre los factores favorables al éxito en el desarrollo y consecución de esta estrategia es escasa y dispersa. A partir de la Upper Echelon Theory, el objetivo de este trabajo es desarrollar una revisión e integración de las literaturas sobre Joint Ventures de control compartido, equipos de alta dirección e innovación y proponer un marco de relaciones. Se analiza el papel y las implicaciones del equipo de alta dirección en el desempe o de una Joint Venture creada para innovar. Se concluye que la diversidad de los EAD puede incidir positiva o negativamente en los resultados de tal innovación. Las características de su labor directiva con relación a las empresas madres pueden dificultar la consecución de los objetivos para los que fueron creadas. También se consideran otros factores que pueden ayudar a corregir las implicaciones negativas sobre la innovación, generadas por la composición de los equipos y las características de su labor.
How do country risk and national cultural differences between partners affect the survival of international alliances in emerging countries? Longitudinal analysis of 165 international joint ventures in Brazil 1974 to 2005
Meschi, Pierre-Xavier;Riccio, Edson Luiz;
Revista Contabilidade & Finan?as , 2007, DOI: 10.1590/S1519-70772007000300009
Abstract: this article aims at identifying the individual and joint impact of two ? country-level variables ?, namely national distance and country risk, on the survival of international joint ventures in emerging countries. research hypotheses predicting the negative impact of national distance and country risk on survival are formulated in this article. these research hypotheses are tested in a sample of 165 international joint ventures that were formed in brazil between 1974 and 2003. these joint ventures were subjected to an event history analysis over a period of time ranging from 1974 to 2005. the empirical results show that the intercultural dynamics increases the instability of international joint ventures whereas the survival of these alliances does not seem to be affected by the economic and political uncertainty of brazil. furthermore, the national distance between local and foreign partners has effects on survival that are variable according to the life cycle of international joint ventures.
Analysis of Joint Ventures Financial State
Alla V. Dmitrenko
European Researcher , 2013,
Abstract: The article describes the basic techniques for the analysis of businesses financial state and methods that were adapted for the joint ventures activities, analyses joint venture financial state, makes conclusions and submits reasonable proposals for improvement of its future activities
Joint ventures e a política antitruste brasileira Joint ventures and Brazilian antitrust policy  [cached]
Ana Paula Avellar,Henrique de Andrade Teixeira,Germano Mendes De Paula
Revista de Economia Contemporanea , 2012,
Abstract: As políticas de defesa da concorrência integram atualmente o conjunto fundamental de institui es necessárias à promo o do crescimento e a busca das sociedades por arranjos mais eficientes. O presente trabalho tem como objetivo realizar uma análise da política antitruste brasileira concentrando-se no tratamento dado pelas autoridades à constitui o de joint ventures. Na realiza o dessa tarefa, foram feitas revis es teóricas, constata es acerca dos procedimentos de autoridades internacionais sobre o assunto e um estudo empírico abordando casos julgados no Brasil entre os anos de 2002 e 2010. O resultado encontrado revela a inexistência de normatiza o específica para o tratamento das joint ventures no Brasil, culminando, assim, em uma relativa discricionariedade por parte dos órg os do SBDC na análise desses atos. The antitrust policy is an essential part of the required institutions that support economic growth and the seeking for more efficient arrangements. This paper aims to examine the Brazilian antitrust policy, paying special attention to way that the authorities deal with the joint ventures. In order to reach this goal, we review the theoretical contributions, discuss the procedures adopted by international antitrust authorities and, more importantly, scrutinize the cases of joint ventures judged by the Brazilian watchdog along period 2002-2010. We conclude that there are not specific norms to be applied by the Brazilian antitrust commissionaires when they are judging joint ventures, allowing them to act with a relatively degree of discretion.
Yabanc Sermaye ve Türkiye'de Elektronik, Kimya ve Toprak Sekt rlerinde Faaliyet G steren Yat r m Ortakl klar n n Performanslar n n ncelenmesi = Study of the Foreign Capital and the Performance of the Joint Ventures That Operate in The Electronical, Chemical and Cement Sectors in Turkey  [cached]
Dogus University Journal , 2003,
Abstract: Firms have started to cooperate with other firms due to globalization and rapidly increasing competition. They can have quick access to the most recent technology and different markets by cooperating with other firms. Thus by increasing their cross-border operations, multinational companies prefer to establish joint ventures. Joint ventures are the forms of cooperation that is widely used by multinational firms. In Turkey, Foreign Capital Law (No : 6224) has been enacted on January, 18th, 1954. This law has been enacted to encourage foreign capital investments. Even though, it is quite liberal, the amount of foreign capital inflow is not at a desirable level. Therefore, it is necessary and very important to research the reasons for the inadequacy in foreign capital inflows to Turkey. In this paper, the performance of joint ventures in electronic, chemistry and cement sectors are studied. The joint ventures in which the foreign partner has an equity share of less than ninety percent are included in the scope of the study.
Creation of Joint Ventures in the Field of Tourism is an Effective Measure of Foreign Capital Raising  [PDF]
O. Olshanskyi
Economics of Development , 2010,
Abstract: Emphasizing positive aspects of foreign capital functioning in the national economy, defining joint ventures, pointing at the advantages of a mentioned form of foreign capital functioning, studying the problem, creation of joint ventures in the field of tourism, defining methodological principles of effectiveness of creation and operation of joint ventures are the aim of the article.The advantages of joint ventures in the field of tourism at the current level of economic system development are the following: at first, they help to solve an important problem of creation of an effective owner in this period who provides a market behaviour with a direct access to the world market; at second, an opportunity of getting modern management experience is created; at third, joint ventures in the field of tourism have potential possibilities to reach the level of costs and quality of products at which they will be competitive in the world market. By means of creating joint ventures in the field of tourism Ukraine could have an opportunity to overcome technological lagging, to get new technologies and know-how. It is reasonable to invest the capital attracted in such form in scientific manufacturing.In future great attention must be paid to the results of the work of joint ventures in the field of tourism in Ukraine, their influence on GDP, potential of economic growth in Ukraine and a particular region. In prospect it is important to become more familiar with the process of creation and activities of joint ventures in EU countries and to research how much effective this mechanism is in Ukraine.
Tatiana Alonso,Pedro L. Marín
Investigaciones Económicas , 2004,
Abstract: In this paper, we identify the main determinants of firms decision to include public research institutes in their R&D cooperation agreements. To this end, we estimate the probability that they take such a decision by applying a probit model to a dataset on Research Joint Ventures developed under the umbrella of the Eureka initiative, a pan-European programme. These data were gathered from a survey of the main partner companies of individual projects. The results show that the size of the main partner, the search for new relationships, the possibility of sharing costs, the research design and the project s main targets stand out as some of the main explanatory variables in the model.
Literature Review on the Management Control System of Joint Ventures  [cached]
Linjuan Mu,Guliang Tang
International Business Research , 2009, DOI: 10.5539/ibr.v1n2p66
Abstract: The author will review literatures analyzing the characteristics on management control mechanism and pattern in joint venture. According to the actual situation and the subject we going on studying, materials mainly are collected from Accounting and the Tax English database and Uygur Pu Chinese periodical database. We will make contribution to the literature study which research on its factors about the controlling and management problems in joint venture, and has an important guiding significance to the future study, especially in China.
Does Learning Process Mediate the Relationship between Social Control and Production Innovation of International Joint Ventures in China?  [PDF]
Cheng Wang, Hailin Lan, Hongming Xie
Journal of Service Science and Management (JSSM) , 2010, DOI: 10.4236/jssm.2010.31010
Abstract: A comprehensive model that delineates the interrelationships among social control, learning process and production innovation in international joint ventures is absent. This study aims to fill this void. Unlike previous research, this study investigates the role of social control, in facilitating learning process and production innovation in China. In our framework, we argued that learning process mediated the impact of social control on production innovation. In order to test the feasibility of this framework, we conducted an empirical study. This study employed a survey instrument, which contained data collected from 300 organizations international joint ventures in South China. A total of 96 usable responses were analyzed. The results indicate that social control has a positive impact on learning processes and production innovation. Learning process partial mediate the influence of social control on production innovation. The implications of the study are provided, and future research is suggested.
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