Франчайзинг: сущность, проблемы, правовое регулирование

Abstract

Franchising as a particular method of doing business has acquired a worldwide recognition that c a n b e explained by the efficiency and a high stability of the newly established undertakings entering the system, as well as by the benefits franchising provides to the parties of the contract. According to Valentine Korah, franchising is a chameleon word, and its content varies greatly depending upon the type of the examined relations. As a whole, franchising can b e defined as a method of marketing and distributing the goods. The issue of terminology applicable in respect to franchising is still a problematic one: there is no common terminology in the Russian language in the field concerned. Likewise, there is no single v i ew on the content of the terms used. The application of franchising in Belarus is still insignificant. Most researchers tend to explain this fact by the legal problems of franchising, existing limitation on the conclusion of the franchise contracts and lack of the specific law on franchising in Belarus. However, the author argues that for the development of franchising in Belarus such a law is not indispensable. And with a new edition of Chapter 53 of the Civil Code of the Republic of Belarus that will enter into force on February 27, 2005, coupled with the existing business law rules and norms o n the protection of the intellectual property rights, franchising should acquire new impetus for development in Belarus.