Legal Incentives for the Franchising Investments — Serbian Case
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Date
2013
Authors
Journal Title
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1689-8052
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Volume Title
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Publisher
Oficyna Wydawnicza AFM
Abstract
The development of the franchising industry ad investments in the form of business
format franchising in the country is significantly connected with the healthy commercial
environment. The franchising agreements are very complex legal instruments,
originated in the common law legal systems. Those contracts are the subjects to the
considerable number of laws and regulation such as business and company law, law
on torts and obligations, contract law, distributorship law, fiscal law, labor law, foreign
investment law, competition law, intellectual and industrial property law, real estate
and leasing law, law on finance and audit. Together with import of foreign franchise
systems during the last years, Serbian economy has witnessed the number of domestic
franchised concepts which have been emerged in the last period. The main legal context
on doing franchising business in Serbia is offered in the paper. Assuming the commercial
law and intellectual property rights as the crucial legal incentives for the investment
in the form of franchising the author examines two separate categories of law and
regulation relevant for franchising. The law and regulations which are applicable to the
notion of the contract as the general institute of the obligation law are the first category
of law examined in the article. Other is the regulation relevant for the franchising as the
sui generis contract such as disclosure law, as the form of franchise specific regulation.
Beside the review of the harmonized legislation on franchise law in international level
as well as different national regulation relevant to franchising the author examine the
main fields of Serbian law and regulations relevant for franchising agreement and its
influence for further franchising growth in Serbian economy.
Description
Keywords
Citation
Studia Prawnicze. Rozprawy i materiały 2013, nr 1, s. 85-103.