Franchising in European Contract Law: A Comparison between the Main Obligations of the Contracting Parties in the Principles of European Law on Commercial Agency, Franchise and Distributio

by Bueno Diaz, Odavia

• ISBN13: 9783866530751
• ISBN10: 3866530757
• Format: Paperback
• Copyright: 2008-09-21
• Publisher: Sellier European Law Pub

Summary

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 harmonized Principles on Franchising. At present, all member states of the EU have their own regulation on franchising. In this book, 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.

Table of Contents

General Introduction
The Europeanisation of private law
The Europeanisation of the law on franchising
Aim, scope, method and structure of the research
Main Characteristics of the French and Spanish Law on Franchising
The legal framework for franchising in France
The legal framework for franchising in Spain
Description and Comparison of the main Obligations of the Parties in Franchising Contracts in the PEL CAFDC, French and Spanish Law
Scope of franchising
Franchisor's obligation to give pre-contractual information
Franchisor's obligation to license Intellectual Property Rights
Franchisor's obligation to communicate Know-How
Franchisor's obligation to give Assistance
Franchisee's obligation to pay
Franchisee's obligation to follow Business Method and Instructions
General Conclusions
Introduction	p. 213
Differences and similarities between the compared systems
Underpinning policies: autonomy-friendliness? Legal certainty?
The likely reactions of the parties if the Principles were to apply
Summary	p. 231
General Introduction	p. 232
Main Characteristics of French and Spanish Law on Franchising	p. 232
Description and Comparision	p. 233
General Conclusions	p. 238
Samenvating	p. 243
Allgemene Inleiding	p. 244
De Belangrijkste Karakteristieken van het Frans an Spaans Recht inzake Franchising	p. 244
Beschrijvingen en Vergelijking	p. 245
Algemene Conclusies	p. 251
Legislation	p. 257
Table of Cases	p. 265
Bibliography	p. 273
Abbreviations	p. 291
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