Download or read book Franchising in European Contract Law written by Odavia Bueno Diaz and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC, 2006) are an academic proposal of the Study Group on a European Civil Code for the European-wide regulation of the contents of these three types of agreements. The academic analysis "Franchising in European Contract Law" focuses on the harmonised Principles on Franchising. At present all member states of the EU have their own regulation on franchising. This situation might change in the light of the political process of Europeanization of contract law that was initiated by the European Commission in 2001. As a result of that process the Principles on Franchising could be declared a set of rules which might be opted for by the parties to franchising contracts Europe-wide to govern their relationship. In this analysis the main obligations in franchising in PEL CAFDC are compared with those under French and Spanish law. The main conclusion of this thesis research has been that the main obligations of parties in franchising under the PEL CAFDC resemble those under French and Spanish law. Eventually, differences will arise depending on how national courts weigh the interests of the parties in each case. A second conclusion has been that a choice for the PEL CAFDC instead of for French and Spanish law could be considered a rational alternative concerning the applicable system of remedies and legal certainty.
Download or read book Franchising in European Contract Law written by Odavia Bueno Díaz (jurist) and published by . This book was released on 2007 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law and Regulation of Franchising in the EU written by Mark Abell and published by Edward Elgar Publishing. This book was released on 2013 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔMark AbellÕs book argues that the European franchising market fails to reach its potential as it remains unregulated. He supports this by analysing the historical legal and economic basics and risk/attraction profiles of franchising to franchisors and franchisee, compares the European situation to the highly developed regulatory regimes in the USA and Australia, and moves through to proposing and drafting a new EU directive to bring greater certainty and stability to cross border franchising in the EU. Comprehensively researched and very detailed, this book is a worthy contribution to the literature on the subject.Õ Ð Graham Cunningham, Barrister, Hardwicke Key features of this detailed and insightful work include: ¥ Practical analysis from a leading authority in the field of franchising. ¥ Examination of the impact of both franchise specific and general commercial law upon use of franchising in the EU. ¥ Comparative legal analysis of the law of England, Germany, France, the US and Australia. ¥ Carefully constructed proposals for a franchise directive in the EU based on the vast experience of the author. ¥ A draft text for the proposed directive. The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU. Franchising in the EU comprises nearly 10,000 franchised brands and over Û215 billion (US$300 billion) turnover per annum. However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem. The book concludes by arguing for the adoption of a draft directive, and proposes a draft directive, which promotes market confidence in franchising, provides pre-contractual hygiene and imposes a mandatory taxonomy of rights and obligations. This highly topical and comprehensive work will appeal to franchise lawyers and franchise academics as this is the first book that analyses the impact of EU and member state law upon the use of franchising in the EU.
Download or read book Commercial Agency Franchise and Distribution Contracts written by Martijn W. Hesselink and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.
Download or read book Commercial Agency Franchise and Distribution Contracts PEL CAFDC written by Martijn Willem Hesselink and published by European Civil Code. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de
Download or read book Termination of franchising and distribution agreements in EU written by AA. VV. and published by Giuffrè Editore. This book was released on 2018-05-24T00:00:00+02:00 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Franchising and Dealership represent two of the main contractual instruments used for the creation of national and international sales networks. The absence of a unitary doctrine framework helped to develop differences, relevant in some cases, in the discipline of the aforementioned contracts in the main European Union countries. Therefore the need to collect in this e book the discipline applicable in some of the main European Union countries: Italy, Austria, Germany, Belgium, Holland, Spain and the United Kingdom. In addition to the general discipline and the definitions of the two contracts in the different countries, the analysis is focused on the duration and termination of relationships, with particular reference to the issues of termination indemnity, termination clause, notice period, stock and non-competition obligations during and after the termination of contracts. All in order to provide for lawyers and Companies an easy consultation instrument in order to choose the best distribution contract to be adopted and to manage any phase, even of litigation, related to termination. The treatment has been coordinated and curated by Alberto Venezia, lawyer in Milan, matter specialist and author of the chapter dedicated to Italian law and also of other books dedicated to the agency contracts, sale concession and franchising among which we report: The agency contract. The concession of sale. The franchise. A. Venezia – R. Baldi, XI ed. Milano Giuffré 2015. (Authors of other single chapters: Joseph Wolff for Austria; Anna Gibello for Belgium; Robert Budde for Germany; Hans Hurlus for Netherlands; Rocco Franco for UK and Fernando Sales Bellido and Maria Dominguez Delgado for Spain).
Download or read book Franchising in Europe written by Martin Mendelsohn and published by Burns & Oates. This book was released on 1993 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: With 1992 in mind, this book looks at how business can expand through franchising operations in Europe. Key information is contained within each chapter, concerning both general conditions and specific considerations in relation to a particular European country. Each of the 12 EC member states is profiled by a specialist in that particular country. Coverage includes statutory requirements, legal issues relating to competition, employment and copyright, tax and financial matters. Appendices supply the text of key EC legislature and the European Franchise Federation Code of Ethics.
Download or read book Das Recht Des Franchising written by Christian Joerges and published by . This book was released on 1991 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of European Law written by Martijn Willem Hesselink and published by sellier. european law publ.. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de.
Download or read book Commercial Agency Franchise and Distribution Contracts PEL CAFDC written by Martijn Willem Hesselink and published by sellier. european law publ.. This book was released on 2006 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.
Download or read book Fundamental Rights in European Contract Law written by C. Mak and published by Kluwer Law International B.V.. This book was released on 2008-01-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: To what extent do fundamental rights affect contract law? In which types of cases can fundamental rights be applied? What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively. For its reframing of old questions and its insightful delimitations of new ones, this book offers a fresh and deeply informed new perspective on this important area of developing law. The discussion, moreover, has received an additional impulse from the debate leading up to the recent agreement on a Reform Treaty regarding the institutional settlement of the Union, which will give a legally binding status to the Nice Charter of Fundamental Rights. For these reasons and others, the book will be of great value to all interested parties in government, business, and legal practice.
Download or read book Franchise Agreements Within the European Community written by Gamet-Pol and published by Martinus Nijhoff Publishers. This book was released on 2023-09-29 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This useful text covers the practical aspects of franchising in the European Union. It analyzes the primary European Economic Community Treaty competition rules and examines Commission Regulation 4087/88 of November 30, 1988, on the application of Article 85(3) of the Treaty. Published under the Transnational Publishers imprint.
Download or read book Good Faith in European Contract Law written by Reinhard Zimmermann and published by Cambridge University Press. This book was released on 2000-06-08 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Download or read book Commercial Agency and Distribution Agreements Law and Practice of the Member States of the European Union written by Ulrich Lohmann and published by Springer. This book was released on 2000-08-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative, practical reference describes the law of the European Union relating to commercial activity, distribution and franchising, together with a comparative analysis of law of the 15 member states, Switzerland and Norway.
Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2003-03-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers proposed Articles, followed by comments and information. Topics include: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set- off, prescription, illegality, and conditions and capitalisation of interest.
Download or read book Fundamentals of Franchising written by Robert A. Lauer and published by . This book was released on 2017 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understand reviews the laws and regulations in Europe that affect franchising in one easy-to-use volume. The first book published in the United States that provides the international franchise law practitioner with an in-depth review of applicable law in all countries where clients may be considering franchise system expansion throughout Europe, Fundamentals of Franchising - Europe also reviews relevant laws that do not specifically regulate franchising in the majority of European countries.The book's first chapter addresses the franchising-related issues that are dealt with at the EU level and are applied within each of the member states, and by members of the European Economic Area (EEA) in broadly the same way. Chapters are written by experienced franchising attorneys in 23 countries and follow a similar template that considers: a country's business overview; franchise-specific laws; brand know-how and IP issues; real estate; taxation; employment laws; and disputes. Each chapter highlights intriguing and sometimes surprising differences in the approach of European countries, information that is essential for any attorney representing a client expanding into the area.
Download or read book The Franchise Law Review written by Mark Abell and published by . This book was released on 2020 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt:
