A REVIEW OF THE ADVANTAGES AND DISADVANTAGES OF THE LEGAL REGULATORY AGREEMENT ON FRANCHISING IN THE DRAFT CIVIL LAW OF THE REPUBLIC OF SERBIA

Abstract

Franchising is present on the capital market of the Republic of Serbia, but it is still developing. Listening to the needs of the market, as well as the need to introduce this type of business into the legal framework, the editors of the Civil Code (Draft Civil Code) legally standardize the franchising contract for the first time. However, although there is an intention, it should be noted that there are also shortcomings in the legal standardization of franchising contracts. The shortcomings of the Draft Civil Code of the Republic of Serbia in the part related to the legal standardization of franchising contracts, which could be addressed, refer to: a) defining the contract; b) the subject of the contract; c) contract registration; c) sub-franchising; d) responsibility of the franchisor; e) goodwill, etc. The paper will point out the shortcomings of the legal standardization of franchise contracts in the Draft Civil Code and possible solutions to the aforementioned problems without falling into the trap of personal interpretation.