Liability of contract parties in the franchising contract Cover Image

Odgovornost ugovornih strana kod ugovora o franšizingu
Liability of contract parties in the franchising contract

Author(s): Milena Kavarić
Subject(s): Civil Law
Published by: Institut za uporedno pravo
Keywords: liability; franchisor; franchisee; obligations

Summary/Abstract: The specificity of the franchise agreements, as well as the fact that they are mainly dictated by franchisees who want to minimize their possible liability, make these contracts interesting from the aspect of the liability of the contract parties, because in addition to the usual, there are some specific liability.<br> Given the fact that at the pre-accession stage, the franchisor is obliged to inform the user of all data whose disclosure has the most decisive influence on the determination of the potential beneficiary to conclude the contract, the pre-contractual liability has been established.<br> One of the specific liabilities of the franchisor within the pre-contractual phase is the liability of the franchise business success of the franchisee, as the franchisor in the pre-contractual information often presents to the potential user a very optimistic forecast of success in order to persuade the frinchisee to join the network.<br> The specificity of the franchise agreement is also related to the non-contractual liability of the franchisor. Arguments for this liability are based on the control that the provider has over the business of the user, but also the impression that is present in the public that this is one entity.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 65-84
  • Page Count: 20
  • Language: Serbian
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