代写论文:合资企业和合作伙伴关系

代写论文:合资企业和合作伙伴关系

合资企业和合作伙伴之间的区别
至关重要的法律下股权知道合资或合作创建,因为它强加了额外的受托责任或义务的伙伴。传统上被视为这些额外的义务并不适用于合资企业合资企业伙伴关系(赫尔南2003)是不同的。传统的观点都有其基本的事实是,双方的合资企业更像商业条款上的合同。
实施的受托义务在澳大利亚被称为关税的忠诚。这方面的伙伴关系意味着合作伙伴不能:
·的机会来到事务所的合伙人,他/她不能获利的机会。
·合作伙伴是不允许参与冲突的职责不明,这意味着他/她不能行动情况的责任合作伙伴的人是在与人的自身的利益冲突。此外,这种情况下,合作伙伴之间有冲突的另一个第三方的责任也不允许参与。
也称为信托的受托责任欠一个人只能在特定的条件下实施的全面了解协议涉及的合作伙伴。
这不是在澳大利亚的一些情况。这种情况下是法拉之一。的事实案例如下:

代写论文:合资企业和合作伙伴关系

Difference between Joint Venture and Partnership
It is critical under the law of equity to know whether a joint venture or a partnership has been created as it imposes additional fiduciary duties or obligations on the partners. These additional obligations have traditionally been regarded as not applicable to the joint ventures as joint ventures are different from the partnerships (Hernan 2003). Traditional view has its base in the fact that at arm’s length joint ventures are more like the parties who on commercial terms that are in a contract.    
The fiduciary obligations in Australia which are imposed are known as duties of loyalty. This in terms of partnership means that a partner can’t:
·         Out of an opportunity which came to a partner of the firm, he/she can’t make profit out of that opportunity.
·          The partner is not allowed to engage in an undisclosed conflict of duty, which means that he /she can’t act in situation where the duty of the person to the partner is in conflict with the own interests of the person. Moreover, such circumstances in which the partner has a conflict amongst its duty to another third party are also not allowed to be engaged. 
The fiduciary duties which are also known as fiduciary owed by a person could only be enacted in specific conditions with a full learnt agreement to the partners involved.  
This was not the case in some of the cases in the Australia. One of such cases was that of Farah. The facts of the case were as follows: