Franchise Contract in International Trade Law

Authors

  • Dumitriţa Florea Lecturer PhD, "Stefan cel Mare" University of Suceava, Romania
  • Narcisa Galeş Lecturer PhD, "Stefan cel Mare" University of Suceava, Romania

DOI:

https://doi.org/10.18662/eljpa/9.2/178

Keywords:

franchise, international law, trade law, international contract

Abstract

The international contract is of interest to all states because of its value. It represents a way in which international exchanges can be realized, its role in international economic relations giving the parties the opportunity to use the advantages of arbitration and autonomy of will. The main legal instrument used to promote international relations is the contract. Compared to other fields, the legal relationships resulting from contracts are numerous and frequent. International trade contracts are distinguished by certain particularities, because according to their nature, they constitute a form of contracts regarding commercial activity. However, international trade contracts, compared to domestic contracts, do not remain subject to national law and differ from them by the existence of specific elements of internationality. An important moment in the existence of a contract is that of formation. All aspects related to the formation of contractual relations are influenced by the exact knowledge and correct application of the practice of concluding the contract. International trade contracts differ from commercial contracts concluded between participants in domestic trade by means of the extraneous element it contains, an element that, together with the commerciality element, delimits the international trade contract from the other contracts that are regulated by the rules of general law. From the category of contracts that are part of the field of international trade law, the franchise contract has had a rapid evolution, having the ability to adapt and introduce new services, products and techniques to the market, the extent of which has taken over time having practically no tendency to decrease nowadays, more and more merchants end up concluding such contracts. Thus, the franchise contract is both a relatively safe and cheap method of obtaining profit, as well as the most agreeable tool of globalization, attributed to the current consumer society.

References

Cârpenaru, S. D. (2016). Treaty of commercial law. Universul Juridic.

Cibotariu, F-G. (2017-2018). Dreptul comerţului internaţional. Suport de curs Facultatea de Drept, Universitatea “Alexandru Ioan Cuza” din Iaşi. https://www.academia.edu/39460956/Dreptul_comer%C8%9Bului_interna%C8%9Bional?fbclid=IwAR2kGYGX2Suru_VXSl_h-U5nG_PWOcfjebj6o9nKsuZLdos4MYlzEfiP4N0

Florea, D. (2017). Principalele contracte de comert international. [The main contracts of international trade]. Lumen.

Hogoş, D. L. (2011). Into Franchising: An Introduction to the Franchise Agreement. Perlego.

Mutulescu, A. S., Paliţă, R., Dragomir, E., & Ciobotea, G. (2009). Contractul de franciza. Nomina Lex.

Nemeş, V. (2012). Commercial law. Hamangiu.

Sitaru, D. Al. (2017). International trade law, Treaty. Special part (ediţia a II-a). Universul Juridic, Bucureşti.

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Published

2022-12-20

How to Cite

Florea, D. ., & Galeş, N. . (2022). Franchise Contract in International Trade Law. European Journal of Law and Public Administration, 9(2), 12-22. https://doi.org/10.18662/eljpa/9.2/178

Issue

Section

International Law. European Law. Comparative Law.

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