THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENT
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, beca...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2013-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_047.pdf |
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| author | DAN-ALEXANDRU SITARU |
| author_facet | DAN-ALEXANDRU SITARU |
| author_sort | DAN-ALEXANDRU SITARU |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-6a0ae42b230a49ffb00d5a56095fbe7b |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2013-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-6a0ae42b230a49ffb00d5a56095fbe7b2025-01-02T15:19:18ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962013-05-013-390396THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENTDAN-ALEXANDRU SITARU0Lecturer, Ph.D., Faculty of Law, “NicolaeTitulescu” University, Bucharest (dan.alexandru@sitaru.ro)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.http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_047.pdffranchisingfranchisorfranchiseebusiness modelprofessional secret. |
| spellingShingle | DAN-ALEXANDRU SITARU THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENT Challenges of the Knowledge Society franchising franchisor franchisee business model professional secret. |
| title | THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENT |
| title_full | THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENT |
| title_fullStr | THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENT |
| title_full_unstemmed | THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENT |
| title_short | THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENT |
| title_sort | pre contract obligations regarding the franchising agreement |
| topic | franchising franchisor franchisee business model professional secret. |
| url | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_047.pdf |
| work_keys_str_mv | AT danalexandrusitaru theprecontractobligationsregardingthefranchisingagreement AT danalexandrusitaru precontractobligationsregardingthefranchisingagreement |