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Franchising in European Contract Law A comparison between the main obligations of the contracting parties in the Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC), French and Spanish law

:	Odavia Bueno Diaz
:	Franchising in European Contract Law A comparison between the main obligations of the contracting parties in the Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC), French and Spanish law
:	sellier.european law publishers
:	9783866537026
:	1
:	CHF 31.10
:

:	Internationales Recht, Ausländisches Recht
:	English

:	320
:	DRM
:	PC/MAC/eReader/Tablet
:	PDF

< >The Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC, 2006) are an academic proposal of the Study Group on a European Civil Code for the European-wide regulation of the contents of these three types of agreements. The academic analysis 'Franchising in European Contract Law' focuses on the harmonised Principles on Franchising.
At present all member states of the EU have their own regulation on franchising. This situation might change in the light of the political process of Europeanization of contract law that was initiated by the European Commission in 2001. As a result of that process the Principles on Franchising could be declared a set of rules which might be opted for by the parties to franchising contracts Europe-wide to govern their relationship. In this analysis the main obligations in franchising in PEL CAFDC are compared with those under French and Spanish law.
The main conclusion of this thesis research has been that the main obligations of parties in franchising under the PEL CAFDC resemble those under French and Spanish law. Eventually, differences will arise depending on how national courts weigh the interests of the parties in each case. A second conclusion has been that a choice for the PEL CAFDC instead of for French and Spanish law could be considered a rational alternative concerning the applicable system of remedies and legal certainty.

	Acknowledgements	8
	Author’s Preface	10
	Table of Contents	12
	Chapter I. General Introduction	30
	Chapter II. Main Characteristics of the French and Spanish Law on Franchising	62
	Chapter III. Description and Comparison of the main Obligations of the Parties in Franchising Contracts in the PEL CAFDC, French and Spanish Law	76
	Chapter IV. General Conclusions	242
	Summary	260
	Samenvating	272
	Legislation	286
	Table of Cases	294
	Bibliography	302
	Abbreviations	320