Perjanjian Franchise Berdasarkan Hukum Persaingan Eropa  

Oleh:

Silalahi, M. Udin

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 6 (1999), page 59-67.
Topik: franchise; franchise; jukum persaingan eropa

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

Franchising was first introduced in the United States of america in the 18th (eighteenth) century. In Europe, franchising started being popular in 1960s, being encouraged by "franchise boom" in the U. S. By its expanding role, European countries then needed a legal means which secures business certainty in this sector. In those days, the uropean countries Union had no legislation on franchising. To that end, the European Commission made a research on franchising agreements, and then compared them to competition law already agreed upon by uropean community countries. In 1980 they managed to set the foundations for formulating franchise agreements which are in line with "European Franchise Ethic Code". However, as an Ethic Code is just a general guidance to standardize forms of agreement, more positive legal norms are still absent. There is still a doubt that in case of a dispute between both parties, they can not rely on the Ethic Code, which is not legally binding. It is in the law formulation that the European Union tribunal plays a substantially significance of franchise business in Europe, the endeavors for its legal reform are continued. Decision of European Tribunals, execution there of by the European Commission party, and franchise regulations further developed play a major role in the said law formulation process.

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