Kilimnik I. Features of legal regulation of the contract of commercial concession (franchise)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U000049

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

10-12-2003

Specialized Academic Board

Д.64.086.02

Essay

The dissertation is devoted to researching of features of legal regulation of the commercial concession (franchise) contract. The special attention is given to the most important, in opinion of the author, aspects of legal regula-tion of franchise relations. First of all it is a problem of franchise definition, as independent kind of contractual relations and as way of the organization of enterprise activity. In work investment character of the contract of com-mercial concession (franchise) is proved. The contents of the contract of commercial concession is investigated, the fresh wording of a franchise sub-ject is proved and resulted, that, in opinion of the author, most full displays essence of this kind of contracts and allows to divorce it from other contrac-tual institutes which have external similarity with franchise, first of all with complex license agreements. The minimal qualifying attributes of franchise contracts are formulated. Objects of the intellectual prop-erty which are char-acteristic for the franchise contract and legal features of their transfer are in detail analyzed. The important terms of franchise contract are investigated. On the base of the analysis of working and perspective legislation's norms of Ukraine, concerning regulation of franchise relations, offers on its improve-ment are formulated.

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