The Legal Issues of Franchising Agreement in Serbia - Enacting the Disclosure Law or Not
Ładowanie...
Data wydania
2007
Autorzy
Tytuł czasopisma
ISSN
1689-8052
eISSN
Tytuł tomu
ISBN
eISBN
Wydawca
Oficyna Wydawnicza AFM
Abstrakt
In this paper the author deals with the legal environment for franchising
in Serbia which legislation does not provide specific or explicit
provisions dealing with the franchise contract. Despite the fact that
franchising continues to grow as a preferred legal instrument to conduct business in the global market business practice in Serbia hasn’t
many experiences with franchising. The franchising agreement feature
is that arrangement which embraces elements of several types of contracts
as well as it is connected with several kinds of law which elements
qualified this contract as a contract sui generis. Except the rules regulating
commercial contracts which are in Serbia contend in the Law
of Obligations (based on the Suisse Law of Obligations) and the law
of intellectual property rights which is in Serbia harmonized with the
main principles of European intellectual property rights there are significant
different branches of law which are essentially connected with
franchising. Except the rules of general contract law which in Serbia
regulate in the same way commercial and non commercial contracts,
there are specific Law on Financial Leasing (2003). Law on Business
Entities, taxation law, property law, Law on Consumer Protection and
Law on Productor’s Liability, The Investment Law, Competition Law
and other different areas of law the majority of which are regulated
domestically and at the times domestically. At the international level
franchising is object of harmonious regulation enacted in UNIDROIT
Guide on International Master Franchise Arrangements and Franchising
Disclosure Model Law created in 2002 by the experts under auspices
of UNIDROIT. Experiences of number of countries manifested that
it is necessary to enact the specific disclosure regulation over franchising
in order to protect the economically weaker party in franchising
contract - franchisee. Proposal of the author of the article is prompt
translation of the UNIDROIT Legal Guide on Franchising and de lege
ferenda enacting specific legislation in Serbia which will deal only with
the question of disclosure commitment in franchising contract.
Opis
Tematy
Słowa kluczowe
Źródło
Studia Prawnicze. Rozprawy i materiały 2007, nr 1, s. 395-413.