THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENT
Journal Title: Challenges of the Knowledge Society - Year 2013, Vol 3, Issue 0
Abstract
The current paper puts into context the Government Ordinance no. 52/1997 regarding franchising with the new concepts of the Civil Code. Thus, under the old Civil Code there were no specific regulations that could be applied to a pre-contractual obligation of the parties. During any negotiation, because the parties sent each other a series of offers, counter offers, and in the end decided whether to agree or not, some parts of a professional secret, know-how, or any other important information for one or both might be revealed to the other. Under international laws, such as the one in France, or by using internationally established unwritten law, such as the Franchising Model Contract by the International Chamber of Commerce and Arbitration in Paris, such a disclosure of important or secret information is protected from future unauthorized usage by any party or affiliate if the contract is not signed. In the view of the new Civil Code, this stage in the development of an agreement, not yet binding, is now regulated and protected.
Authors and Affiliations
DAN-ALEXANDRU SITARU
Keywords
Related Articles
- EP ID EP131510
- DOI -
- Views 124
- Downloads 0
DAN DIACONESCU: THE POLITICS OF BREAD AND CIRCUSES
Founder and owner of two television stations, Dan Diaconescu found the opportunity to rise the electoral support for his anti-system party through media channels in the circumstances of a tumultuous political year and a...
“EUROPE NORMAL” OR “EUROPE CRISIS”: A CULTURAL CONSTRUCT DRILLED INTO POPULATION?
The unequal weighting of cultural views within the current European context stemmed largely from a preference for more quantitative type analysis which lack the ability to explain the changes that lead to today’s reality...
CHARACTERISTICS OF INVESTMENT PORTFOLIOS PASSIVE MANAGEMENT STRATEGY ON THE CAPITAL MARKET
The strategies of investment portfolios management on the capital market involves a range of transactions with different financial securities, aimed at optimizing the results. On a developed and efficient capital market,...
A FEW NOTES ON THE EVOLUTION OF THE COMMERCIAL SALES CONTRACT REGULATION
Today, we think that the commercial sales has a long history as institution and therefore the relocation of its regulation from the commercial code to the civil code seems to be an authentic revolution inside the Europea...
APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS
The ownership, either public or private, is an expression for appropriating goods. Consequently, the appropriation takes the form of private (i.e. private property) and common forms (i.e. public property). The common law...