Commercial Surveys BimonthlyComparative Law Study of Joint Venture in Iran and Chinese

In Iranian law, in addition to upstream laws such as "Foreign Investment Promotion and Protection Act", joint venture agreements are subject to the generality of contract law, and the provisions of a partnership agreement contained in civil law as well as commercial law. According to the mentioned laws, the important principles of joint venture agreements are: participate in financing, division of losses and profits between partners, Mutual representation of partners from each other (ie joint and several liability) and Fiduciary Relationship of partners. China is one of the few countries that has legislated separately for different types of joint ventures (contractual and Equity joint venture). This contracts are differ in terms of liability, management structure, contractual obligations, participation in capital, participation in profits and stock ratios and return on investment. Of course, the above laws should be studied in relation to the "Law of Companies" and the "Law of Contracts", especially in the field of technology transfer contracts.The main aim of this Paper is to identify the strengths and weaknesses of Iranian law of joint venture in order to give policy implications for improving it.