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LAW OF OBLIGATIONS
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Definition of Business Partnership under the Relevant
Legislation
The definition of Business Partnership is set forth under Article
4 of the Law dated 04.01.2002 and numbered 4734 on Public Tender
(“PTL”), with the amended heading “Definitions” under Article 2 of the
Law numbered 5812. The definition pursuant to the said provision is as
follows: “the real or legal persons active in the said tender area, who may
be eager and who bought the tender or prequalification documents or the
joint ventures formed by these”.
Article 10 of the Law dated 30.07.2003 and numbered 4964, amended
by Article 14 of the PTL titled “
Joint Ventures
”, includes both business
partnerships considered as Joint Venture and consortiums in technical
sense. In this provision “joint venture” has been used as a covering
concept which involves both business partnership and the consortium.
The Article stipulates as follows:
“joint ventures may be established by more than one real or legal
person either in the form of a business partnership or as a consortium.
Members of a business partnership carry out the whole business jointly
having equal rights and responsibilities while members of consortium carry
out the business with separate rights and responsibilities according to their
expertise field for the purpose of performing relevant parts of the business.
Business partnerships may participate in any kind of tender. However, in
cases where different expertise are needed, the contracting authorities
shall indicate in tender documents whether the consortium are allowed or
not to submit tenders. At the tender stage, the joint venture shall be asked
to submit an agreement indicating the mutual agreement of the parties to
form a business partnership or a consortium. The pilot partner and the
coordinator partner shall be specified in business partnership agreements
and in consortium agreements respectively. In case the contract is awarded
to the business partnership or consortium, a notary-certified business
partnership or consortium agreement shall be submitted prior to signing
the contract. In both business partnership agreement and contract, it has to
be stated that the real or legal persons establishing the business partnership
are jointly and severally liable in the fulfillment of the commitment, whereas
in consortium agreement and contract it has to be clarified which part of
the business has been committed by real or legal persons establishing the