ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN THE UNITED KINGDOM

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Published: Aug 1, 2019

  Kostyantin Gusarov

  Anastasiia Diadiuk

Abstract

The purpose of the article is to study the economic and legal nature of the franchise agreement in the United Kingdom (UK). Since franchising in this country is well-established as a successful and highly-regarded growth model, 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 the UK. 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 the UK 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 the UK 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 the UK as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separation the list of conditions which are necessary for concluding a franchise agreement in the UK, as well as the 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 the UK in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. 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 the UK) and its legal and economic peculiarities.

How to Cite

Gusarov, K., & Diadiuk, A. (2019). ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN THE UNITED KINGDOM. Baltic Journal of Economic Studies, 5(3), 44-49. https://doi.org/10.30525/2256-0742/2019-5-3-44-49
Article views: 1675 | PDF Downloads: 586

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Keywords

franchising, franchise contract, franchisor, franchisee, disclose, contract terms, termination, renewal

References

The British Franchise Association. History of Franchising. Retrieved from: https://www.thebfa.org/aboutfranchising-the-bfa/history-of-franchising/

Chris Wormald. Domestic and international franchising, master franchising, and regulation of franchise agreements in the UK (England and Wales): overview. Retrieved from: https://uk.practicallaw.thomsonreuters.com/0-632-9722?bhcp=1&transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk

British Franchise Association. The Code of Ethics (BFA Code). Retrieved from: http://www.thebfa.org/aboutbfa/code-ofetics

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 categories of vertical agreements and concerted practices. Retrieved from: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32010R0330

Hamilton Pratt. Franchising in the UK. Retrieved from: http://www.hamiltonpratt.com/franchising-uk/

Code of Ethics of the European Franchise Federation. Retrieved from: http://www.eff-franchise.com/Data/EFF%20Code%20of%20Ethics%20for%20Franchising%20-%20FINAL%2007122016.pdf

British Franchise Association. The franchise agreement. Retrieved from: https://www.thebfa.org/franchise-mybusiness/the-franchise-agreement/

Iain Bowler. England & Wales: Franchise 2019. Retrieved from: https://iclg.com/practice-areas/franchise-lawsand-regulations/england-and-wales

Unfair Contract Terms Act 1977. Retrieved from: https://www.legislation.gov.uk/ukpga/1977/50