Responsabilidad en el contrato de franquicia generada por las cláusulas de exclusividad comercial y territorial
The perspective of this monograph is a synthesis of the origins of the legal and contractual treatment presented by the franchise in Colombia, making a parallel with countries such as Chile and Argentina, where investigations have been conducted to unveil the legal nature of the contract, starting f...
- Autores:
-
Hernández Sampayo, Sandra Milena
- Tipo de recurso:
- Trabajo de grado de pregrado
- Fecha de publicación:
- 2018
- Institución:
- Corporación Universidad de la Costa
- Repositorio:
- REDICUC - Repositorio CUC
- Idioma:
- spa
- OAI Identifier:
- oai:repositorio.cuc.edu.co:11323/119
- Acceso en línea:
- https://hdl.handle.net/11323/119
https://repositorio.cuc.edu.co/
- Palabra clave:
- Franquiciante
Franquiciado
Contrato
Jurisdicción
Responsabilidad
- Rights
- openAccess
- License
- Atribución – No comercial – Compartir igual
| Summary: | The perspective of this monograph is a synthesis of the origins of the legal and contractual treatment presented by the franchise in Colombia, making a parallel with countries such as Chile and Argentina, where investigations have been conducted to unveil the legal nature of the contract, starting from different positions, starting with the one that asserts that the business is derived from the figure of the concession. With which it is necessary to analyze the liability in the franchise contract generated by the clauses of commercial and territorial exclusivity, also determine the parts of the contract throughout the relationship between franchisor and franchisee. The investigation is directed to deepen the study of the responsibility of the franchisor, in the franchise contract generated by the clauses of commercial and territorial exclusivity. On the other hand, according to the methodology of this investigation, diverse antecedents were gathered, the legal structure, as well as the national and international jurisprudence. The franchise is an atypical contract, which consists of a cooperation between parties, be these franchisor and franchisee, where in a rough way, the first is committed to transfer their know-how, so that the second commercializes it sharing the other elements of intellectual property as a brand, distinctive signs, signs, etc. Similarly, the franchisee in exchange for this transfer of knowledge, must make an initial payment by concept entering the franchise and another periodic payment to the franchisor. |
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