The Main Directions in Comparative Franchising Regulation – Unidroit Initiative and its Influence
Franchising is a growing and overspread business activity but its legal aspects create many potential difficulties for those intended to oblige themselves in legal relationship of franchising agreement. The legal problems in franchising arise not only because of the numerous controversies which are immanent to the franchising agreements but because franchising is not one type of agreement; it is a rather a concept which covers a number of different types of contracts in various aspects of business activities Only 15 years ago in most national legislations, franchising was an anonymous contract (contractus innominatus) which was not the subject of the specific regulation. At the same time franchising arrangements were in the national context a subject to a considerable number of laws and regulations especially those regulating general contract principles and commercial contracts or industrial and intellectual property rights. It was the past activity of UNIDROIT (International Institute for the Unification of Private Law) which was the spiritus movens and a driving force nowadays in the actual and overwhelming process of the legislation movements in numerous countries. Those legal instruments were UNIDROIT Guide to International Master Franchising Arrangements 1998 (rev.2007) and Model Franchising Disclosure Law created in 2002 which were the soft law that has created a momentum in recent national franchising regulation. The impact of the UNIDROIT soft law legal instruments to the types, sphere of application and methods of comparative franchising regulation is to be considered in the article.
When requesting a correction, please mention this item's handle: RePEc:ers:journl:v:xiii:y:2010:i:1:p:103-118. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Eleni Giannakopoulou)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.