Novi pravci u regulisanju ugovora o franšizingu u Srbiji
The New Directions In Enactment Of Franchising Regulation In Serbia

Summary/Abstract: Together with visible trends of development and promotion of franchising activities in Serbia during the last year, there are numerous attempts in new Serbian legislation policy to regulate franchising agreement de lege ferenda. Besides the process of entering of many foreign franchising systems into Serbian economy, there are contemporary attempts of Serbian legal doctrine and legislative practice to regulate some aspects of the franchising agreement. The most successful was the work of the Commission of Legal Experts formed by the Serbian Government in 2006, which proposed a model for the regulation of franchising agreement as well as leasing and factoring, as presently unknown contracts in Serbian legislation, at he end of 2007. Those rules will be integrated as "New Commercial Contracts" in Serbian Law of Obligation which will be a part of the new Serbian Civil Code which will be enacted by the Commission. The norms, which regulate franchising proposed by the Serbian legislator, are relationship provisions regulating contractual relationships between the franchiser and franchisee. Those norms define the most important obligation aspects of franchising agreement, including its definition and essential elements, content of the contract, contractual specifications, written form, registration requirements, obligation of the parties, restrictions, responsibilities, termination and other relationship norms which are stipulated on order to protect the equivalency of mutual commitments in franchising contracts as well as the position of the franchisee as the economically weaker party. Following the trends of international franchising regulations realized under auspices of the UNIDROIT, a part of the Serbian legal doctrine accepst the modern concept of franchising disclosure regulation, which is prevalent in most countries that already have regulated franchising agreement. Franchiser commitment to provide a franchisee with necessary information before entering into franchising contract will help him make a valid decision on entering into franchiser's concept of business. Enactment of disclosure franchise regulation will be a means to create a secure legal environment between all the parties in franchise agreements in Serbian economy.

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