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Book The Law and Regulation of Franchising in the EU

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.

Book The Regulation of Franchising in the European Union

Download or read book The Regulation of Franchising in the European Union written by Philip Mark Abell and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Fundamentals of Franchising

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.

Book Franchise Agreements Within the European Community

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.

Book Fundamentals of Franchising

Download or read book Fundamentals of Franchising written by John Pratt and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing the international franchise law practitioner with an in-depth review of the laws and regulations in Europe that affect franchising. The chapter authors review also includes relevant laws that do not specifically regulate franchising in the majority of European countries.Since by far the largest and most economically significant group of countries is the European Union, 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 also by members of the European Economic Area (EEA) in broadly the same way.Following the initial discussion of EU regulations, individual country chapters follow standard template for ease of use and reference. Topics include:Business overview, covering issues such as: governmental approach to business/commercial activity; business structures; banks' support for franchising; inward investment; overview of the franchise market, and moreFranchise trade association(s) active in that countryFranchise lawsFranchise agreementsBrand/know-how, including trade names, trademarks, copyrights, and othersReal estateTaxationEmployment and vicarious liabilityDisputes

Book Franchising in European Contract Law

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.

Book Termination of franchising and distribution agreements in EU

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 408 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).

Book Franchise Agreements Within the European Community

Download or read book Franchise Agreements Within the European Community written by Françoise J. Gamet-Pol and published by Brill Nijhoff. This book was released on 1997 with total page 0 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.

Book Franchising in Europe

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.

Book Legal Perspective of the Regulatory Framework and Challenges for Franchising in the EU

Download or read book Legal Perspective of the Regulatory Framework and Challenges for Franchising in the EU written by and published by . This book was released on 2016 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper considers how the regulatory environment of the European Union impacts upon franchising. It suggests that the failure of franchising to fulfil its full potential in the EU is due, at least in part, to the dysfunctionality of the EU’s regulatory environment. It concludes that in order to enable franchising to achieve its full potential it is necessary to re-engineer the EU’s regulatory environment, by way of a franchise focused European Legal Act, in respect of how it impacts upon franchising and makes concrete proposals as to how this should be done. This document was prepared by Policy Department A at the request of the Committee on Internal Market and Consumer Protection.

Book Franchising in Theory and Practice

    Book Details:
  • Author : Viktorija Jarkina
  • Publisher : LAP Lambert Academic Publishing
  • Release : 2010-10
  • ISBN : 9783838375373
  • Pages : 168 pages

Download or read book Franchising in Theory and Practice written by Viktorija Jarkina and published by LAP Lambert Academic Publishing. This book was released on 2010-10 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a systemic analysis of the characteristics of the legal regulations of franchises and how franchises have developed in various countries. It also describes franchising issues related to the legal classification and contents of the franchise agreement within the system of Civil Law. The legal regulations of franchising in the European Union, the United States of America, Canada, the Russian Federation and some other countries are treated on a case by case basis. This book is intended for lawyers and law students alike, as well as those people interested in the general ideas regarding franchising. It needs to be accepted that the idea of franchising has gained increasing acceptance as a business model in recent years. It is also likely that its development will continue; consequently everyone must begin to take up the challenge of facing the legal difficulties that will confront franchisors, franchisees and legal advisers.

Book Franchising

    Book Details:
  • Author : Aneta Wiewiórowska-Domagalska
  • Publisher :
  • Release : 2016
  • ISBN : 9789282391426
  • Pages : pages

Download or read book Franchising written by Aneta Wiewiórowska-Domagalska and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Franchise Savoir Faire

    Book Details:
  • Author : Robert W. Emerson
  • Publisher :
  • Release : 2016
  • ISBN :
  • Pages : 58 pages

Download or read book Franchise Savoir Faire written by Robert W. Emerson and published by . This book was released on 2016 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: Savoir faire is a fundamental concept in European distribution law, including franchising. Judges rely heavily on the application and interplay of the French Commercial Code, Civil Code, codes of deontology, and European Union regulations. Thus, a civil law franchise contract requires, inter alia, transmission of savoir faire (know-how) that is secret, substantial, experimental, and identifiable. U.S. franchise law has little appreciation for savoir faire, but rather focuses on contract terms. This difference in perspective poses enormous consequences for international franchisors and their franchisees. Incorporation of savoir faire into U.S. franchise law would benefit franchisors and franchisees alike.

Book International Franchising

Download or read book International Franchising written by Rosenberg International Center of Franchising and published by . This book was released on 2006 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research project was conduced by the Rosenberg International Center of Franchising (RICF) in order investigate the current state of franchising from a global perspective, with a concentration on the European Union. An online survey of members of the International Franchise Association examined general descriptive data, the number of USA and foreign units in operation, foreign entry and expansion modes, and international expansion priorities and strategies. This report covers Phase 1 of the project and presents the preliminary findings of the survey, the International Franchise Risk Assessment Model (see Appendix 1) and the EU Country Fact Sheets (see Appendix 2). The Country Fact Sheets provide demographic, economic and cultural data, and will be updated by RICF on an annual basis. Phase 2 will provide an in-depth analysis of the Survey data. Phase 3 will provide a franchise risk and opportunity assessment of the European Union on a country-by-country basis.

Book European Union Law for International Business

Download or read book European Union Law for International Business written by Bernard Bishop and published by Cambridge University Press. This book was released on 2009-09-07 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written specifically for exporters and those without legal training, this book is an introduction to the business laws of the European Union that need to be understood by those operating outside the EU. It is a practical guide to the regulatory and procedural issues that exporters and businesses need to be aware of. While providing an overview of how the EU operates as a governing body, the book addresses the key matters that exporters will face during their business transactions. Topics covered include: • Direct export transactions to the EU • Exporting via an agent or distributor • Customs laws and procedures • Resolving international business disputes • How to establish a permanent business presence within the EU The book uses case studies to illustrate how these transaction types can be applied to real world business dealings. It is an essential resource for anyone involved in international business with customers in the European Union.

Book The Regulation of Franchising in the New Global Economy

Download or read book The Regulation of Franchising in the New Global Economy written by Elizabeth Crawford Spencer and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While franchising promotes economic and social welfare objectives, Elizabeth Crawford Spencer argues that monitoring and regulation are needed to address potential areas of abuse of the form that can result in costly market inefficiencies. This unique study surveys franchise-specific legislation worldwide as a starting point for a thorough examination and analysis of the role of both private and public regulation of the sector in the context of current theoretical approaches to regulating contractual relationships. The book concludes that properly calibrated regulation can minimize inefficient allocations of power and risk and lead to maximum economic and social benefits by promoting the development of small business, enabling the growth of entrepreneurial skills, and facilitating economic well-being and independence among SMEs. This comparative survey will prove to be invaluable for academics in franchising marketing, management, law and practice. The Regulation of Franchising in the New Global Economy will also appeal to franchise law practitioners, consultants, policymakers and those wishing to influence policy on all sides of the debate in the many jurisdictions that are engaging in the processes of adopting, or reviewing, franchise regulation.

Book Economics and Management of Franchising Networks

Download or read book Economics and Management of Franchising Networks written by Josef Windsperger and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Franchising networks are experiencing great success in international business organization. Few books try to explain the characteristics of these networks. Contrary to the existing literature this book tackles more theoretical problems related to governance, organization, knowledge management, contract design, incentive and regulation issues both from the economic and management view point. It delivers new theoretical and empirical results regarding plural forms, contract design, and knowledge and strategic management issues. Its purpose is to offer researchers and practitioners new theoretical and empirical insights in one of the most important economic phenomenon at the beginning of the 21st century: Franchising networks as organizational arrangement for growth and internationalization of firms.