Contractul de franciză. Obligațiile părților
Franchise agreement. Obligations of the parties

Summary/Abstract: This study goes over the same subject matter as a previous paper published by the same authors in the Commercial Law Review[1], due to the current poor regulation in Romania of the Franchise Agreement and after the new Civil Code came into effect. Even after Romanian private law settled down after the new regulations of the new Civil Code and the laws modified when it came into effect, agreement obligations of the franchisor and the beneficiary, we believe that this matter is poorly regulated by G. O. no. 52/1997 republished. The franchisor has the following obligations: 1) The requirement to own and operate a business within a certain period of time prior to the launch of the franchise network. 2) The requirement to be the owner of the intellectual / industrial property rights. 3) The requirement to give initial training to the beneficiaries and ongoing technical and commercial assistance, throughout the duration of the agreement. The beneficiary has the following obligations: 1) The requirement to develop the franchise network and to maintain its common identity and reputation. 2) The requirement to provide any information to the franchisor to facilitate knowledge and analysis of actual performance and financial situation in order to ensure effective management in connection with the franchise. 3) The requirement to not disclose to third parties the know-how provided by the franchisor, for the duration of the franchise, and subsequently.

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