Dissertations / Theses on the topic 'Contrat de franchise'
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Al, Muhairi Khamis. "Transmission du savoir-faire et contrat de franchise." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010252.
Full textThe franchise agreement is a contract of adherence that relies on the reiteration of the commercial success of the franchisor and organizes cooperation between independent enterprises. On the one hand, that the franchisor has developed and tested a substantial concept identified and reiterated, to generate a flow of economic activity. On the other hand, the franchisee, by his adherence to the franchisor's developed concept, gets benefit from the know-how. It is recognized as a key element of the franchise agreement, which must be understood as a whole, confidential, and substantial which is identified as non-patented practical information, resulting from the franchisor’s experience. Thus, under a franchise agreement, the franchisor must transfer the know-how to the franchisee, which must be kept confidential. By confidential, it means that the know-how is not easily accessible, and its transfer by the franchisor to the franchisee confers a significant competitive advantage. This advantage must be translated into an economic success for the franchisee, subject to franchisee's fulfillment of the prescribed guidelines, failing which the franchisee may incur contractual liability, and in some cases could lead to the extinction of the franchise contract
Bouvier, Amandine. "Regards sur le contrat de franchise." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD026/document.
Full textAs an idea valued by distribution agreements reflect a modern understanding of the contract in which different characteristics are combined. It is at the same, a network distribution agreement, belonging in the category of reiterative agreements, a financing agreement, and a collaboration agreement. Franchise agreements are also an idea that is disparaged by ditribution. There are some challenges un connection whith changes in legislation and case law that feed the critiques against them. Likewise, the existence of an information imbalance at the start of the contractual relationship can lead to an economic, and possibly, a legal imbalance between the parties. While the regulations applicable to contract agreements as well as of the contractual clauses help to frame the relationship between the parties to the agreement, the absence of a legal system specific to franchise agreements contributes to the development of disputes on this topic
Al, Suraihy Yasser. "La fin du contrat de franchise." Poitiers, 2008. http://theses.edel.univ-poitiers.fr/theses/2008/Alsuraihy-Yaser/2008-Alsuraihy-Yaser-These.pdf.
Full textThe termination's causes of a Franchise Agreement are generally classified into ordinary causes and extraordinary causes. Ordinary causes include the end of the contractual term without renewal, rescission by either party and bilateral termination. Regarding extraordinary causes, they include the unilateral termination of the agreement due to any event of Force Majeure or hardship or affecting the intuitus personae. Whatever the termination's causes, some legal obligations shall arise thereafter. Beside the obligation of liquidation, there are some other obligations including mainly the obligation of non-competition, the obligation of non-affiliation with any third party, the obligation of confidentiality, the obligation to return back stocks and the obligation of indemnity
Amaral, Pedro. "Le contrat de franchise au Brésil." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10072/document.
Full textAs any other developing country, Brazil is very sensitive concerning foreign investments, which stimulates its industry and commerce, domestically or cross borders. At the same time, legal safety is one of the keys in this Brazilian international commerce consolidation, especially vis-à-vis Europe and France, in order to ensure a sustainable and continuous development of the country. In this context, in 2001 already, several political and legal aspects were mentioned by the World Bank and the French Government as true barriers to foreign investment : bureaucracy, work force cost, taxation, technology transfer, and the respect to contracts and international treaties. The present essay aims to contribute to the development of the relationship between Brazil and the franco-european investors, by providing a better comprehension of the Brazilian legal system, through a comparative analysis of the franchising agreement, which demands deeper studies in view of its complexity, concerning particularly contract law, competition and intellectual property
Al, Suraihy Yasser Savaux Éric. "La fin du contrat de franchise." [Poitiers] : [I-médias], 2008. http://theses.edel.univ-poitiers.fr/theses/2008/Alsuraihy-Yaser/2008-Alsuraihy-Yaser-These.pdf.
Full textBianco, Alessandro. "Le contrat de franchise : contribution à une analyse relationnelle." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3012.
Full textThe franchise agreement organizes the transmission of trade secrets and business plans. Given the complex nature of this performance , the contracting parties over time become true partners , so that the franchise agreement acquires a relational dimension. Despite the existence of a relational dimension, French contract law still rule the franchise agreement using the standard cognitive model offered by classic contract theory. Such an approach risks ignoring the real problems that partners can meet , which may lead to the application of inappropriate solutions. The proposal for a relational analysis aims to reduce such a risk. Based largely on the work of the North American contract law doctrine , the relational analysis is attracting more and more French scholars especially because the proposed arguments follow the French legal system's evolution. The relational analysis allows us to understand the franchise agreement's context and propose solutions in harmony with the needs and concerns of contractual partners
Nefussy-Leroy, Nathalie. "Les clauses d'exclusivité dans le contrat de franchise." Nice, 1992. http://www.theses.fr/1992NICE0021.
Full textSole agency for supply and territory do not hold the place they deserve within the terms of franchise agreements. In the practice of privity in deed, these two stipulations, as analysed over 100 agreements, are of extreme importance both for the franchisor and for the franchisee. However, they are a source of unbalance in the agreement and their performance is far from perfect. However, our law does not provide for solutions to problems arising from actual practice. It tends, amongst other thing, to limit the use ofsole agency commitments. Now, sole agency clauses constitute essential elements of franchise agreements. Their recognition, both in franchise agreements as well as in other types of similar contractual relations would require prior passing of adequate legal provisions
Al, Muhairi Khamis. "Transmisison du savoir-faire et contrat de franchise." Paris 1, 2013. http://www.theses.fr/2013PA01A271.
Full textCeccotti, Stéphane. "Les alternatives et aménagements au contrat de franchise." Montpellier 1, 2005. http://www.theses.fr/2005MON10026.
Full textEl, Zeenni Antonio. "L'équilibre des parties dans le contrat de franchise." Thesis, Paris 9, 2013. http://www.theses.fr/2013PA090017.
Full textFranchising is a contract that is not always balanced. This is due to a relationship where one can find a party, usually the franchisor, dominating the contractual bond. The economic and legal relationships call for much more attention due to the massive investments involved. One will often notice the franchisee being subject to many economic, technical and legal constraints that are practically exaggerated if not unjustified. This is certainly not without any solution. This study attempts to find remedies to the problems raised by this game of domination through examining the contract as well as its various components. The followed method consists of, primarily, the examination of the concept behind each element in this precise contractual framework, to then go back to the definition of franchising, as well as its object; all in light of the concept of equilibrium in order to restore some equality of principle in accordance with the requirements of contractual justice.Definitions, criteria, solutions, and amendments are proposed to serve this purpose
Rizk, Boutros. "La circulation du contrat de franchise : incidence de l'intuitus personae." Paris 1, 2001. http://www.theses.fr/2001PA010339.
Full textChanut, Odile. "Cycles de vie et événements-ruptures dans la franchise : conséquences sur le pilotage de la relation franchiseur-franchisés : une approche par le contrat psychologique." Chambéry, 2007. https://halshs.archives-ouvertes.fr/tel-01695813.
Full textThis research aims to analyse how the relationship between franchisor and franchisee evolves, especially when the networks reach maturity. Time is viewed as linear in terms of the concept of the life cycle and as discontinuous when events occur in franchised networks which may modify the psychological contract between the two partners. This research examines four different life cycles and four different types of event observed in franchise networks. The empirical part of this study consists of case studies of 19 different franchise systems. Both franchisors and franchisees were interviewed in depth using narrative methods. The selection of the samples was undertaken in order to have sufficient diversity. The data were analyses using a combination of classical analysis and computer assisted qualitative data analysis software (Alceste and Sphinx lexical). Several results are discussed: 1) Franchisors tend to be more directive with franchisees as the franchise reaches maturity. 2) A large number of events are observed in franchise systems. Concentration and changes of ownership that entail a unilateral change of contracting party. Changes in strategies that constrain the franchisees. The psychological contract is changed and sometimes the time horizon of the relationship. 3) Franchisees do not constitute a homogeneous group, as many studies assume. Two groups are distinguished in which the psychological contract is different: the franchisee who “creates his job” by joining a franchise system and “developers” who own multiple stores. 4) The industry and the institutional context influence the psychological contract. 5) The concept of a psychological contract is useful as a means of clarifying and making operational the concept of trust between the contractual partners. The thesis provides a synthetic representation of the content of the franchisor-franchisee relationship and suggests recommendation in order to improve the franchisor’s management of the network
Bennani, Malak. "Le contrat de franchise et le redressement et la liquidation judiciaires /." Lausanne : [s.n.], 2006. http://aleph.unisg.ch/hsgscan/hm00153801.pdf.
Full textBu, Abbas Ali. "Le Contrat de franchise en droit français et en droit koweïtien." Strasbourg, 2010. http://www.theses.fr/2010STRA4008.
Full textFranchising is a contract which is binding two legally independent persons in the purpose of collaboration, the franchiser giving to the franchisee his distinguished signs and know-how with a payment in return and the commitment of the franchisee to use them according to a uniform commercial technique. Franchising is the repetition of a commercial success beforehand experimented by the franchiser. The implementation of the franchising contract involves the application of an anthology of rights such as contract law, competition law, trademark law and others distinguished signs law. The franchiser must communicate to the franchisee all the precontractual informations imposed by the law. The franchiser and the franchisee have mutual bonds. Franchising takes consequences both towards the execution of the contract and towards its extinction. This thesis carries out a comparative analysis of the franchising contract between the French and the Kuwaiti law
Macé, Mickaël. "La contrefaçon du cocontractant : approche inductive par le contrat de franchise." Nantes, 2013. http://www.theses.fr/2013NANT4008.
Full textNgo, Quoc Chien. "Le contrat de franchise : étude comparative (droit français et droit vietnamien)." Thesis, Tours, 2012. http://www.theses.fr/2012TOUR1004/document.
Full textFranchising is based on the exploitation by a franchisee of a clientele associated with the franchisor’s trademark. The common interest of both parties in operating a class of customers justifies their mutual obligations: the franchisee mobilizes financial and human resources while the franchisor brings intangible assets. The implementation of a common work also justifies collaboration and mutual trust among the parties during the carrying out of the agreement.Beside their common interest, each of the franchisor and the franchisees has proper interests. Therefore, it is not astonishing to find that every party tries to obtain the best advantage at the lowest cost.The comparative approach of the relationship between the franchisor and franchised in light of their respective interests, under French Law and Vietnamese Law, is enriching. It enables to go thoroughly into the legal aspects of franchising under two legal systems which, in spite of their difference, have many common points
Ackad, Magued. "Le contrat de franchise en Egypte : étude comparée de droit français et égyptien." Montpellier 1, 2001. http://www.theses.fr/2001MON10042.
Full textGueye, Birahim. "La généralisation de la confiance dans les réseaux de franchise : développement et test d’un modèle." Thesis, Lille 1, 2009. http://www.theses.fr/2009LIL12013.
Full textIn this study, we develop and test a model of trust generalization in franchise networks based on the relational contract theory and organizational socialization concept. We show that trust can emerge between franchisor and any franchisee if the franchise contract is seen as relational governed by norms of role integrity, solidarity, flexibility and equity. Trust between franchisees can follow to a process of institutionalized socialization, who conducts to share essentials values, the same vision on the organization, and the emergence of a corporate culture. Altogether, trust generalization in franchise networks comes from institutional mechanisms of relational contract and a process of institutionalized socialization. We assume that the most important consequences of trust generalization in franchise organizations are more commitment of the franchisees, a better cooperation between all members, and a great performance for all
Hartani, Nahla. "Le modèle français du contrat de franchise et sa réception par les États du Maghreb : le cas de l'Algérie." Thesis, Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0018.
Full textAppeared these last decades, an original contractual form - the franchising contract - has modified the structure of Algerian retail distribution.The present work has consisted in providing evidence that this contract was, in Algeria, in the line with of the modern contracts of distribution. Even if the contract is submitted to some adaptations because of the extra national character of the contract, it still contains all the essential elements. It is at the same time, a contract of distribution in network, a contract of reiteration of the know-how, a contract of financing and a contract of collaboration.However, this contractual form is still confronted to major restrictions that could affect its development in the future.An innominate contract, the exam of some Algerian contract law rules or contract clauses indicates that the franchising contract does not have all the necessary tools to provide protection to the franchisor and especially the franchisee.Other factors such as institutional, legal or reglementary requirements show that the current state of the Algerian law does not cover the questions that the fran-chising contract can ask for the development of this concept.This research helps to determine the importance of introducing a specific regulation for the franchising contract in order to ensure the durability of this contractual form. In this work, the input of French law appears indispensable
Al-Zawawi, Alawiah Sami. "Entrepreneurship and franchisee performance." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/16400.
Full textEl-Sayed, Khaled Abdel Aziz Mohamed. "Hotel franchise agreements and the psychological contract." Thesis, Cardiff Metropolitan University, 2011. http://hdl.handle.net/10369/3271.
Full textKovalská, Jana. "Franchising- možná forma spolupráce." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-76619.
Full textKhayat, de Cywinska Annie. "Droits et obligations du franchise." Paris 1, 1996. http://www.theses.fr/1996PA010296.
Full textThe passing on of the franchiser's know-how, with continuous assistance and free disposal of the hallmark and/or of the network's ensign, form the three main rights which any franchisee has to enjoy to be able to benefit from the competitive advantage of this trading system. But, the insufficient protection of the affiliated member during the suspension of the agreement places him in such a state of economic dependance as regards the franchiser is that there is a calling into question of the competitive advantage which this system gave him during the execution of the agreement. In return to the advantages which he benefits, the franchisee is subject to numerous duties which restricting nature is more or less stressed according to conventions. He is first subject to duties which are inherent in the very nature of the agreement of franchise. Indeed, this agreement being based on a reciprocal collaboration of the parts to fulfil a common aim, the franchisee is subect to the duty will place him in a state of semi-integration in regard to the franchiser. Moreover, the franchisee can also be subject to incidental duties : duty of sole purchase and duty to respect territorial exclusive rights
Lafontaine, Francine. "Franchising as a share contract : an empirical assessment." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/28849.
Full textArts, Faculty of
Vancouver School of Economics
Graduate
Abou, El Saoud Mohamed. "La franchise principale : étude comparative franco-égyptienne." Montpellier 1, 2009. http://www.theses.fr/2009MON10041.
Full textKirtland, Amy. "Towards an understanding of the nature of the breakdown in relationship between a franchisee and a franchisor : an approach using psychological contract theory." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/52422.
Full textMini-disseration (MBA)--University of Pretoria, 2015.
nk2016
Gordon Institute of Business Science (GIBS)
MBA
Unrestricted
Chui, On Kei. "A survey on franchising and an application of incomplete contract /." View abstract or full-text, 2004. http://library.ust.hk/cgi/db/thesis.pl?ECON%202004%20CHUI.
Full textIncludes bibliographical references (leaves 34-36). Also available in electronic version. Access restricted to campus users.
Alberts, Jens. "Contrat et réseau, le franchisage comme exemple d'une régulation juridique hybride." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq26145.pdf.
Full textBuchan, Jennifer Mary. "Franchisor failure : an assessment of the adequacy of regulatory response." Thesis, Queensland University of Technology, 2010. https://eprints.qut.edu.au/39027/1/Jennifer_Buchan_Thesis.pdf.
Full textTorbey, Karim. "Les contrats de franchise et de management à l'épreuve du droit des sociétés : étude de droit français et de droit libanais /." Paris : LGDJ, 2002. http://catalogue.bnf.fr/ark:/12148/cb38943490g.
Full textMostoufi, Mina. "Eléments de théorie du risque en finance et assurance." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010044/document.
Full textThis thesis deals with the risk theory in Finance and Insurance. Application of the Comonotonicity concept, the strongest risk dependence, is described for identifying the Pareto optima and Individually Rational Pareto optima allocations, option pricing and quantification of risk. Furthermore it is shown that the left monotone risk aversion, a meaningful refinement of strong risk aversion, characterizes Yaari’s decision makers for whom deductible insurance is optimal. The concept of Comonotonicity is introduced and discussed in Chapter 1. In case of multiple risks, the idea that a natural way for insurance companies to optimally share risks is risk by risk Pareto-optimality is adopted. Moreover, the Pareto optimal and individually Pareto optimal allocations are characterized. The Chapter 2 investigates the application of the Comonotonicity concept in option pricing and quantification of risk. A novel control variate Monte Carlo method is introduced and its application is explained for basket options, Asian options and TVaR. Finally in Chapter 3 the strong risk aversion is refined by introducing the left-monotone risk aversion which characterizes the optimality of deductible insurance within the Yaari’s model. More importantly, it is shown that the computation of the deductible is tractable
Ludwig, Marcos de Campos. "Dealing with power in contract : a proposal of criteria for controlling the exercise of discretionary powers in franchising." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101821.
Full textCecchi-Dimeglio, Paola. "Beyond traditional analysis of international franchise contracts : Interdisciplinary perspectives, from negotiation to dispute system design." Montpellier 1, 2008. http://www.theses.fr/2008MON10041.
Full textWelin, Erik. "A Comparison between the Swedish 3G Beauty Contest and the UK 3G Auction." Thesis, Linköping University, Department of Management and Economics, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-7186.
Full textThis thesis compares the two different version of public franchise bidding for awarding 3G licenses used in Sweden and the UK, respectively a beauty contest and an auction. The fact is that the Swedish beauty contest has failed to tackle many of the problems discussed in connection with public franchise bidding in an effective way. Sweden has first of all had problems with enforcing the ambitious coverage criteria. The UK has on the other hand succeeded in tackling the problems and raised governmental revenue of £22.5bn through the auction.
The conclusion is that this thesis confirms the existing literatures’ critique of the Swedish beauty contest. However, this thesis also provides a new perspective to the existing literature. The main conclusion is that the auction has locked the prices at a high level and externalised negative price and investments effects through the international operators’ behaviour onto consumers in other countries.
Le, Bescond de Coatpont Mathieu. "La dépendance des distributeurs." Thesis, Lille 2, 2015. http://www.theses.fr/2015LIL20006.
Full textDistributors are economic intermediaries because they offer on the market goods and services produced or served by others (the suppliers). This research demonstrates that the degree of protection offered by the Law to the various distributors isn’t correlated with their degree of dependence towards suppliers. The qualifications of dependence are numerous, incoherent and sometimes artificially restrictive or extensive, in labour law as in business law. Distributors experiencing a same degree of dependence towards their supplier can be treated differently without any justification regarding the grounds of the rules in question. Hence, appear inequalities towards the Law. Therefore, new legal rules are suggested. They would take the form of a statute ruling distributors and replacing the numerous statutes in force at the present time. It would draw a clearer line between labour law and business law and conciliate the distributors’ interests with the freedom of suppliers to organize the distribution of their goods and services. Going other the too restrictive notion of contact and the conflicts between qualifications, this statute would rule the relation of distribution and contain rules comprehending the complex and changing nature of dependence. It would ensure sufficient information of distributors and offer them an income guarantee and various compensations when the relation is terminated
Maury, Caroline. "Les contrats de concession et de franchisage dans le redressement et la liquidation judiciaires." Toulouse 1, 2004. http://www.theses.fr/2004TOU10037.
Full textThe concession and franchising contracts have the particularity of being agreed in the interest of both partners. The establishment and the development of consumer loyalty are the associates main shared objectives. The mutual interest demands a close relationship between two parties which leads the associates to found a really close partnership. This particularity has direct consequences on the concession or franchising contracts and on the associates "in bonis" when one of them is subjected to a bankruptcy. The main aspect of the close relation based on concession or franchising contracts resides in the close contractual structure maintaining the relationship between the supplier and the distributor. A overall contract of distribution or a simple contract with successive execution is often the result of this relationship. This contractual structure is a way of protecting the concession and franchising contracts as well as the partner "in bonis". The other aspect of this association appears in the close professional partnership created by the contractors. This reveals the danger for the contracts and the partners "in bonis". However, it is up to the supplier to limit the danger by respecting, during the contractual relationship with the distributor, a number of rules
Solé, Fauste Josep M. "La fase precontractual del contrato de franquicia." Doctoral thesis, Universitat de Barcelona, 2021. http://hdl.handle.net/10803/672787.
Full textEl treball d'aquesta tasca investigadora està centrat en la fase precontractual d'un dels contractes més utilitzats en el nostre país en les últimes dècades, en què es va iniciar i desenvolupar l'activitat franquiciadora com una modalitat de distribució comercial. Un volum d'activitat que tot i sent important equival a la meitat de la majoria de països anglosaxons. Aquest infradesenvolupament dins de l'espai de la UE, alguns autors ho atribueixen a l'escassa i dispar regulació sobre la matèria en aquests països. Aquesta fase precontractual té a la UE una regulació molt escassa i en alguns casos inexistent, de manera que els tribunals han de recórrer en primera instància a les normes de Dret Civil i especialment a el principi de la bona fe. L'única regulació especial continguda en el nostre dret positiu, la trobem en l'art. 62 de la Llei 7/1996 LOCM i en el RD 201/2010, que reglamentàriament la desenvolupa, limitant-se a concretar en què consisteix l'activitat comercial en règim de franquícia, el deure d'informació per part del franquiciador i el deure de confidencialitat per part del franquiciat. En la majoria dels països només es dona una tutela precontractual al franquiciat, considerat com la part feble del contracte, arribant a equiparar-se en alguns casos amb la figura del consumidor per a una major protecció d'aquest. Sorgint el interessant dubte sobre la necessitat de considerar una tutela per al franquiciador, qui també incorre en riscos importants amb aquest tipus de contractació. Arribats a aquest punt, sorgeix la necessitat de donar resposta a dos interessants plantejaments relacionats amb aquesta fase precontractual: 1) Suficiència de la regulació espanyola de la fase precontractual del contracte de franquícia. 2) Suficiència de la tutela que la normativa espanyola actual ofereix a les parts que intervenen en la fase precontractual del contracte de franquícia. Amb aquesta finalitat, he hagut de recórrer a les normes de la nostra legislació vigent, a la doctrina i a les resolucions dels tribunals tant nacionals com de dret comparat dels EUA i Gran Bretanya com a representants del common law i França, Alemanya i Itàlia del civil law.
The work of this research is focused on the pre-contractual phase of one of the most used contracts in our country in recent decades, in which the franchising activity began and developed as a form of commercial distribution. A volume of activity that all and being important is equivalent to half of the majority of Anglo-Saxon countries. Some authors attribute this underdevelopment within the EU space to the scant and disparate regulation on the matter in these countries. This pre-contractual phase has very little regulation in the EU and in some cases non- existent, for which the courts must resort in the first instance to the rules of Civil Law and especially to the principle of good faith. The only special regulation contained in our positive law is found in art. 62 of Law 7/1996 LOCM and RD 201/2010, which regulates it, limiting itself to specifying what the franchise business consists of, the duty of information on the part of the franchisor and the duty of confidentiality on the part of the franchisee. In most countries, the franchisee is only given pre-contractual protection, considered as the weak part of the contract, in some of them being equated with the figure of the consumer for greater protection of him. The interesting doubt arises about the need to consider a guardianship for the franchisor, who also incurs in significant risks with this type of contract. At this point, the need arises to respond two interesting approaches related to this pre- contractual phase: 1) Sufficiency of the Spanish regulation of the pre-contractual phase of the franchise contract. 2) Sufficiency of the protection that current Spanish regulations offer to the parties involved in the pre-contractual phase of the franchise agreement. To this end, I have gone to the norms of our current legislation, the doctrine and the resolutions of both national and comparative law courts of the United States and Great Britain as representatives of the common law and France, Germany and Italy of civil law.
Scheubová, Lucie. "Franšízingová smlouva - možnosti využití v ČR." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-125144.
Full textTorbey, Karim. "Les contrats de franchise et de management à l'épreuve du droit des sociétés : étude de droit français et de droit libanais." Paris 2, 2001. http://www.theses.fr/2001PA020020.
Full textChouay, Mohammed. "Les enjeux et les handicaps du droit marocain face au développement des contrats de distribution : le cas de la franchise." Perpignan, 2010. http://www.theses.fr/2010PERP0960.
Full textThe franchising joins in the phenomenon of the globalization ; it is a mode of cooperation between tow companies legally independent, but economically very dependent. Stemming from the American commercial practice, the system of the franchising seduced the businessmen of the countries in ways of development of which Morocco where it shows at present an extraordinary development. But the franchising remains a subject of controvert ; considered as some as growth niche which participates in the modernization of the Moroccan sector of the distribution, others saw in the franchising only a means of exploitation of the small and medium-sized enterprise which remains very vulnerable in the absence of a special law. So, we tried in this stady to show the adequacy or the inadequacy of the Moroccan’s law to resolve the problems of this original practice
Chen, Shaoling. "Incomplete contracts and corporate governance : theory and evidence : case studies on Chinese banking and U.S. franchising /." View abstract or full-text, 2007. http://library.ust.hk/cgi/db/thesis.pl?ECON%202007%20CHEN.
Full textBueno, Díaz Odavia. "Franchising in European contract law a comparison between the main obligations of the contracting parties in the Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC), French and Spanish law." München Sellier, Europ. Law Publ, 2007. http://d-nb.info/989121801/04.
Full textBueno, Díaz Odavia. "Franchising in European contract law : a comparison between the main obligations of the contracting parties in the Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC), French and Spanish law /." München : Sellier European Law Publ, 2008. http://d-nb.info/989121801/04.
Full textLicari, François-Xavier. "La protection du distributeur intégré en droit français et allemand : une contribution à l'étude de la compensation du déséquilibre contractuel dans les contrats de concession et de franchise commerciales." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30023.
Full textThis work aims at identifying and analysing the different institutions of contract law and of commercial law, which compensate or could compensate the imbalance of powers and values that characterizes this kind of contractual relation. The thesis deals with the questions of misrepresentatian, unfair clauses, certainty of price, but also with the importance of the principle of good faith and fair dealing (article 1134, al. 3 C. Civ. : § 242 BGB). The role of the rules of the commercial agency in unifying the "statute" of the tied distributorship is developped too
Martin, Andrew. "An investigation into contemporary hotel general managers' behaviour and activity in the context of private, franchise and chain ownership/business models." Thesis, Robert Gordon University, 2017. http://hdl.handle.net/10059/2712.
Full textBotha, Nicolaas Joshua. "The termination and transfer of franchise agreements within the context of section 197 of the Labour Relations Act: law and policy." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4580.
Full textMills, Hazel M. "Women and Catholicism in provincial France, c.1800 - c.1850 : Franche-Comte in national context." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.319067.
Full textFilinger, Jaroslav. "Účetní výkaznictví profesionálních sportovních klubů (se zaměřením na hlavní prvky nehmotných aktiv rozvahy)." Doctoral thesis, Vysoká škola ekonomická v Praze, 2003. http://www.nusl.cz/ntk/nusl-77128.
Full textVance, Patricia de Salles. "Determinantes e dinâmica do uso de formas plurais em redes de franquias." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/12/12139/tde-27052010-171209/.
Full textThe franchise sector represents a rare opportunity for the investigation of the use of plural forms, as franchisors generally adopt simultaneously two types of contractual arrangements (company owned and franchised units). To investigate the creation and the development of franchise systems, two theories are frequently applied in empirical studies on the U.S. market: Principal-Agent Theory and Resource Scarcity Theory. The present investigation had two main objectives: first, to examine the applicability of these two theories to explain the adoption and the evolution of the franchise system in Brazil in the period from 2000 to 2009; and second, to analyze the existence of stability in the use of plural forms by franchise networks over the years. Differing from other studies previously published in Brazil, this investigation employed the panel data multiple regression technique, and estimates were made with five different functional forms (linear, lin-log, log-lin, log-linear and reciprocal). The results obtained for three databases defined for this study do not corroborate the arguments of the Resource Scarcity Theory, but are consistent with the hypotheses based on the Principal-Agent Theory. For the five dimensions tested in connection with this second theory (the franchisors effort, the risk to the franchisee, the cost of monitoring, the franchisees effort, the risk of free-riding) there was evidence supporting the first three, which is consistent with previous studies. Regarding the latter two dimensions, the proxies adopted did not show a significant coefficient. Finally, the analysis of the stability of the use of plural forms also revealed consistency between the results calculated for companies operating in Brazil, and those operating in the U.S. market. The results indicate that a few years after the adoption of franchising, companies tend to make few changes in the proportion of company owned units (contractual mix). The proportion of company owned units tends to fall rapidly in the early years of adoption of the franchising, stabilizing around 20% of the total network. After about sixteen years of operation with the franchise system, companies tend to adjust the percentage of company owned units, raising it slightly. Then follows a new period of stability of the contractual mix.
Boulay, Jacques. "L'apport de la technologie au contrôle pluriel du canal de distribution : Une mesure de l'efficacité du triptique "Contrat- Technologie-Normes" appliquée au management des réseaux de points de vente franchisés." Paris 9, 2006. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2006PA090001.
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