ПОСЛОВНЕ ГРУПАЦИЈЕ ПРЕДУЗЕЋА У КАПИТАЛИЗМУ
BUSINESS POOLS IN CAPITALISM

Summary/Abstract: Forms of business pooling and cooperation may be rather various as far as the realisation of joint construction of investment objects is concerned. The principle of freedom of contracting makes possible for the partners to choose the form which suits best in a given situation. On the ground of studying legislation and contractual practice of capitalist countries one may conclude that mentioned types of concentration of enterprises may be divided into groups of institutionalized character and the ones based on purely contractual principle. The first category includes ad hoc associations, concealed corporations (or associations) and groups based on economic interest. The second one includes the pools of a purely contractual principle (i.e. contracts of consortium). The author particularly treats this group, while emphasizing that these contracts are most frequently established in the form of a contractual relationship and not in a societal legal form. By a contract of consortium the duties of the participants are determined in general, and more particularly the obligations of the so-called front enterprise, namely the pilot-enterprise. The relations between the pool of enterprises and the client ordering a business 'are regulated by contract which is concluded between such client and the enterprises; each enterprise is a contracting party, and has a direct relationship with the client making the order. Further treated in the article is a joint and solidary liability for executing the entire business deal, which is stipulated by contract in case of constructing large investment objects (such as large public works, hydro- -electric power stations, pipelines, and the like). In this case the participating enterprises are liable to the client ordering the deal both for their own works and for those of other participating enterprises. In other words, they are liable for the performance covering the entire project. Such kind of contracting provides utmost guaranty to the client. The distribution of liability between the operators participating in the pool is also regjulated by a contract of consortuim, which, as far as the client ordering the deal is concerned, is a res inter alios acta.

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