Essential Elements of the Franchise Contract and the Advantages of Implementation in the Albanian Market

Gërxhi Julejda Aliaj and Haxhiraj Enkelejda
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Gërxhi Julejda Aliaj: Department of Law, Faculty of Political and Juridical Sciences, University “Aleksander Moisiu”Durrës

Academic Journal of Interdisciplinary Studies, 2018, vol. 7, issue 3, 103-116

Abstract: The franchise contract was a type of contract used frequently in trading during the Middle Ages. However, for almost a century, this contract is being used by business law entities, which want to enter the business and have a bigger profit. Regardless of the technical-legislative elements or special features of the parties’ juridical-civil relationship, franchising contract is a form of business. It is considered to be one of the easiest contracts in civilian use by different persons, not only about the innovations provided from the commercial aspect, but also as a reflection of modernity and the progress in trading.The franchise contract is a concept envisioned by Albanian legislation, but practically it has been implemented rarely and not in line with current domestic market requirements. In these conditions, its application has provided disputes between the signatory subjects. For this reason, the essence of this work will be not only the legal-civilian understanding of the franchise contract, but also the way this contract is implemented in Albania. The study will be based on the use of the analytical method of advantages that the franchise contract application aims to produce by referring to its legal-civilian analysis. We also aim to use the comparative method of implementation of this contract in Western countries. This study will present the advantages that the franchise contract produces b from the civil law aspect, in view of its practical implementation by the contracting parties. This study aims to move forward in a more in-depth analysis of the franchise contract in the Albanian reality and the shortcomings that this contract presents, in relation to the most developed countries. Also, franchising does not operates only through a simple, typical contract, but transforms and is transformed in a variety of ways, which should be analyzed so that to point out and reveal the product of franchising and the benefits it brings to the contracting parties.

Keywords: franchising contract; legislation; contracting parties; rights and liabilities; advantage (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:ajinst:v:7:y:2018:i:3:p:103-116:n:8

DOI: 10.2478/ajis-2018-0062

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