Ґенеза правового регулювання відносин франчайзингу / The Genesis of the Franchising Legal Regulation
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 47, Issue
Abstract
The article examines the development stages and the principal problems of franchising legal framework in Ukraine. The historical experience of developed countries has been considered, the gaps and inconsistency of the national legislation with European standards in this field has been noted. The author analyzes various approaches to the definition of franchising, identifies the milestones of the relevant legal framework development. The particular cases of franchising agreements have been provided, special attention has been paid to the United States experience. Further, the main stages of the EU legal framework for franchising development have been highlighted. A range of methods for harmonization and unification have been analyzed. Given the absence of a proper legal framework, the parties address the acts, typical contracts, recommendations of the international and other non-governmental economic organizations, associations, federations which reflect the common principles of law or legal customs. The author comes to a conclusion about the need for a homogeneous legal framework on a universal level, as the outdated national legislation does not comply with the international trade practice, which fosters the violations from the contract parties, abuse of intellectual property and fraud. Taking into account the specific nature of this framework, the author considers the guidelines for ensuring the balance between the interests of states, parties to the agreement on international franchising and the homogenous European regulations to be the most efficient method to harmonize the legislation of the EU member states. Having chosen the path of European integration, Ukraine should also introduce a corresponding set of concepts and adapt national legislation to European standards, introduce the tools for defending the rights of the user and the right holder at the pre-contract stage and the fulfillment of contractual obligations.
Authors and Affiliations
Daryna Kosіnova
Keywords
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