Franchise agreement: the achievements and deficiencies of law n. 129/2004
Nespeca, Silvia (A.A. 2021/2022) Franchise agreement: the achievements and deficiencies of law n. 129/2004. Tesi di Laurea in Diritto privato 2, Luiss Guido Carli, relatore Silvio Martuccelli, pp. 218. [Single Cycle Master's Degree Thesis]
Full text for this thesis not available from the repository.
Abstract/Index
Origins, development and expansion of the franchise agreement in the common law systems in general and in the US experience in particular. Genesis of franchising and its historical evolution. Regulation of the franchise relationship. Trademark. Copyright. Trade secrets. Franchisor’s obligations. Franchisee’s obligations. Exit strategies. The franchising contract in Italy. Origin and spread of franchising in Europe. Law n. 129/2004: its functions and purposes. Contract parties. Pre-contractual phase. Cause of the franchise agreement. Subject matter or object. Form. Differences between franchising and other types of contracts. Evaluation of the Italian legislator's work in introducing and implementing the franchise agreement. Initial difficulties in adapting franchising to the European continent: the problematic presence of concession of sale. Little space for typification and too much space for disclosure. Focus: the asymmetry between franchisor and franchisee’s positions and the so-called third contract. Agreement’s key role. Issues about the subject matter. The link between form and contractual element. From Covid-19 to war: difficult times for franchising contracts. Termination of the contract due to force majeure.
References
Bibliografia e sitografia: pp. 201-218.
| Thesis Type: | Single Cycle Master's Degree Thesis |
|---|---|
| Institution: | Luiss Guido Carli |
| Degree Program: | Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01) |
| Chair: | Diritto privato 2 |
| Thesis Supervisor: | Martuccelli, Silvio |
| Thesis Co-Supervisor: | Tamponi, Michele |
| Academic Year: | 2021/2022 |
| Session: | Summer |
| Deposited by: | Alessandro Perfetti |
| Date Deposited: | 20 Dec 2022 09:21 |
| Last Modified: | 20 Dec 2022 09:21 |
| URI: | https://tesi.luiss.it/id/eprint/34439 |
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