Predugovorno obaveštavanje kod ugovora o franšizingu kao ostvarenje načela savesnosti i poštenja / Srpska regulativa de lege ferenda
The Precontractual Disclosure As The Emanation Of The Good Faith Principle In The Franchising Agreements / Serbia De Lege Ferenda

Summary/Abstract: Despite the enormous success of franchising, there is a widespread lack of knowledge of the real nature of franchising as a legal instrument, as well as of the legal and practical issues which arise in any attempt to use franchising as a way of doing business. The main problem is the lack of a single, uniform and adopted definition that could be applicable to all situations and to all the forms which are covered under the notion of franchising, which is a business concept rater than a separate commercial contract. The spread of franchising in the business practices is in collision with the legislative activities in the domain of franchising as an instrument of the national and international contract law. At the international level there is no uniform convention law which legislates complex legal relationships of the franchising agreements, and in the past, it was only International Institute for the Unification of Private Law (UNIDROIT) which took action at international level to harmonize the legal aspects of this commercial vehicle. These autonomous legislative activities of the UNIDROIT have had an enormous influence at the national level of legislation and prompted more than 30 countries to introduce the franchise-specific legislation based on the example of the US disclosure law which requires the franchisor to provide the prospective franchisee with information on different and numerous points in order to help the franchisee to avoid many obstacles and potential traps in franchised business. Different legislative methods which are used by the various countries are examined in the article together with the prospective intention of the Serbian Government to legislate franchising activities.

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