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).
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 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 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 Vertical Agreements in EU Competition Law written by Frank Wijckmans and published by Oxford University Press, USA. This book was released on 2011-11-10 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements, including the new general block exemption regulations and the Vertical Guidelines, this book is an indispensible tool for all practitioners active in the drafting or reviewing of vertical agreements.
Download or read book Agency and Distribution Agreements An International Survey written by Jausas Agustin and published by Springer. This book was released on 1994-10-24 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Second Edition of the acclaimed & successful work, originally produced by the EEC Law Commission of the Association internationale des jeunes avocats (A.I.J.A.), has now been thoroughly revised, updated, & also expanded to include EFTA countries. An assessment of EEC (and in turn the situation pertaining to EFTA states) law & jurisprudence as it affects agency, distribution & franchising agreements is made at the outset. There then follows a detailed comparative analysis of the different national legal regimes (country by country) governing such arrangements within the EC & EFTA states, & an explanation of the extent to which EC law & practice is or may already be applicable to them. The systematic & thorough research presented in this text is structured to facilitate cross reference & comparison, & supplemented by case law & legislative references. The authors are practitioners of law who are frequently involved in the field of commercial agency & distribution agreements in the twelve member states, & members of the Association internationale des jeunes avocats (A.I.J.A.).
Download or read book VBER 2022 EU Competition Law for Vertical Agreements written by Benedikt Rohrßen and published by Springer Nature. This book was released on 2023-10-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the Vertical Block Exemption Regulation ("VBER"). The VBER 2022 is the new playbook in Europe for vertical agreements. Vertical agreements, i.e. between parties from different levels of the production or distribution chain, are ubiquitous in the EU economy. Vertical agreements which appreciably restrict competition are, in principle, void, and subject to fines. By exception, agreements may already fall outside the scope of competition law or may be exempt if their pro-competitive effects prevail. Whether they do or not requires an individual assessment of each agreement, with respective legal uncertainty. The VBER, however, is the shortcut to legally certain vertical agreements because it exempts groups of vertical agreements from the prohibition of anti-competitive agreements. It therefore builds the practical core of distribution law. Only understanding and implementing the VBER ensures a compliant distribution set-up. This goes for all kinds of vertical agreements, especially: digital, dual, exclusive and selective distribution plus franchise. The VBER 2022 is intended to take into account market developments, in particular the strong growth in e-commerce. Digitalisation has reinforced the trend toward verticalization – and thus toward dual distribution. The VBER 2022 now "reboots" the existing playbook, making it fit for digital distribution. And this book shall help – as a shortcut to understanding the VBER – to quickly and easily pass the transition to the new rules. This book is written from the distribution / contract drafting perspective. It is born out of the author’s practice as German attorney-at-law and partner in the international law firm Taylor Wessing. This book aims at providing private practitioners, in-house counsels as well as officers within authorities and judges practical guidance on the “rebooted” competition law regime in the European Union, including many examples of provisions to be used, especially in distribution and franchise agreements. It also tables and checklists for creating new and adapting existing agreements to the VBER. This book has been written while accompanying the reform discussions and the introduction of the VBER 2022 as an author, speaker and private practitioner.
Download or read book Distribution and Franchising Agreements written by and published by . This book was released on 1990 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Competition Policy and Vertical Restraints written by Organisation for Economic Co-operation and Development and published by OECD. This book was released on 1994 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Franchising in Europe written by Martin Mendelsohn and published by Weidenfeld & Nicolson. This book was released on 1992 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. European overview and EC Competition Law - 2. Techniques for International Expansion - 3. Tax Considerations - 4. Belgium - 5. Denmark - 6. France - 7. Germany - 8. Greece - 9. Ireland - 10. Italy - 11. Luxembourg - 12. The Netherlands - 13. Portugal - 14. Spain - 15. United Kingdom.
Download or read book The Franchise and Dealership Termination Handbook written by American Bar Association. Section of Antitrust Law and published by American Bar Association. This book was released on 2004 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practical guidance to help counsel sort through issues frequently encountered when a franschise or dealership ends, and addresses what a termination involves.
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 International Distribution Law written by Christof Siefarth and published by BRILL. This book was released on 2021-10-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most basic aspect of all international business relates to the crossborder provision of goods and services. Lawyers from Asia and the Pacific, North and South America, and Europe examine a wide range of issues relating to international distribution here, such as the use of agents, distributors and other representatives, franchising, internet sales, competition law, dispute resolution, and taxation. Published under the Transnational Publishers imprint.
Download or read book Franchise written by Philip F Zeidman and published by Law Business Research Ltd.. This book was released on 2017-09-05 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Franchise, edited by Philip F Zeidman of DLA Piper, provides international analysis for corporate counsel and cross-border legal practitioners in key areas of franchise such as: governing bodies, laws and agencies, exemptions and exclusions from franchise laws, ground rules for franchise termination, restrictions on foreign entities and investments, confidentiality covenants in agreements, restrictions on franchise agreements, and good faith obligations and franchise relationships. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners covering 25 jurisdiction, including China, Mexico, Malaysia, South Africa and Thailand. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
Download or read book International Commercial Agreements written by William Fox and published by Kluwer Law International B.V.. This book was released on 2023-12-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.
Download or read book International Contracting written by Larry A. DiMatteo and published by Kluwer Law International B.V.. This book was released on 2021-11-05 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University