CEU Electronic Theses and Dissertations, 2022
| Author | Karimova, Zeynab |
|---|---|
| Title | Regulation and Case Law on Business-Format Franchise in the United States: Lessons for the Republic of Azerbaijan |
| Summary | Following the success of the great international franchise companies, from fast food chains like McDonald’s and Subway to convenience stores, hotels and gyms, more and more Azerbaijani businessmen see the appeal of the business-format franchise. As a result, the number of local franchise businesses as well as entrepreneurs deciding to buy a franchise as an alternative to the traditional way of doing business increases day by day. Nevertheless, the legislation on franchising has not been upgraded since the enactment of the Civil Code of the Republic of Azerbaijan in 1999. Taking into consideration the importance and need of the legislation to keep up with the constant development of the society and regulate in the best way possible the issues arising from legal relations, as well as the lack of Azerbaijani legal literature in this area, the topic of research is undoubtedly relevant and quite momentous. In light of the economic potential of business format franchise, the thesis endeavors to pour light on the current regulatory framework of business-format franchise in the Republic of Azerbaijan in order to identify those potential regulatory changes that need to be made to create a more franchise-conducive legal environment in the country. In order to do that, the study of regulations, case law and industrial practices of the United States is resorted to with respect to the country’s rich experience on the topic. The central question this thesis aims to address is whether a proper balance has been found in the Civil Code of Azerbaijan between the position of franchisors and franchisees? Or, rather refinements are needed in order to protect the interests of the franchisor risking its brand and reputation, and the franchisee as the normally inherently weaker party? And if so, what would be proper legal ways to legitimize those provisions; as a part of the Civil Code or rather as distinct and separate act? To answer these questions the focus will be, firstly, on the quality of pre-contractual disclosure and post-conclusion measures as franchisee-protective measures; as franchisor-protective tools, secondly, it will be focused upon whether efficient remedies are guaranteed to the franchisor in Azerbaijan with respect of controlling the financial health of the franchisee and breach of the franchise contract taking into account the different history, geographic and economic conditions of the countries. |
| Supervisor | Tajti, Tibor |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2022/karimova_zeynab.pdf |
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