ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN POLAND

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  Petro Nemesh

  Vitalii Kadala

Abstract

The purpose of the article is to study the economic and legal nature of the franchise agreement in Poland. Since franchising in this country has become the most common way of establishing a business, it is advisable to identify the key economic and legal features of the franchise agreement in which the parties specify their rights and obligations, the franchise price, the duration of the franchise relations, the procedure for performing calculations, etc. The subject of the study is a franchise agreement in Poland. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in Poland and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of Polish legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in Poland as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for concluding a franchise agreement in Poland, as well as provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of Poland in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. Although there is no special legislation in Poland, which regulates the issues connected with this kind of contract, the adoption of a number of progressive economic measures, as well as complement existing regulations with the provisions on franchising, allowed Poland to become one of the most attractive countries for foreign entrepreneurs. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in Poland) and its legal and economic peculiarities.

How to Cite

Nemesh, P., & Kadala, V. (2019). ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN POLAND. Baltic Journal of Economic Studies, 5(1), 137-142. https://doi.org/10.30525/2256-0742/2019-5-1-137-142
Article views: 588 | PDF Downloads: 388

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Keywords

franchising, franchise contract, franchisor, franchisee, disclose, contract terms, antitrust agreements, safe harbour

References

Polish Franchise Organization. Poland – country of chance. URL: http://franchise.org.pl/poland-country-ofchance2

Poland Country Commercial Guide. Poland – Franchising. URL: https://www.export.gov/article?id=Poland-Franchising

Maciej Gawroński (2015). Poland. The Franchise Law Review. Edition 2. Law Business Research Ltd, London.

Franchise 2019. Poland. URL: https://iclg.com/practice-areas/franchise-laws-and-regulations/poland

Ustava z dnia 23 kwietnia 1964 r. Kodeks cywilny (Dz.U. 1964 Nr 16 poz. 93). URL: http://isap.sejm.gov.pl/DetailsServlet?id=WDU19640160093%20-%D1%81%D0%B0%D0%B9%D1%82

Anna Stronczek. Insights into franchising in Poland: a review of empirical and theoretical perspectives. URL: https://www.researchgate.net/publication/316879162_Insights_into_franchising_in_Poland_a_review_of_empirical_and_theoretical_perspectives

European Code of Ethics for franchising. URL: http://www.eff-franchise.com/Data/EFF%20Code%20of%20Ethics%20for%20Franchising%20-%20FINAL%2007122016.pdf

Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to the vertical agreements and concerted practices categories. URL: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32010R0330