مدى كفاية القواعد العامة في القانون الأردني لتنظيم عقد الفرانشايز

العناوين الأخرى

The extent of adequacy of the general provisions of the Jordanian law to regulate the franchise contract

مقدم أطروحة جامعية

الخطيب، نوال صالح محمد

مشرف أطروحة جامعية

الفواعير، علاء محمد علي

الجامعة

جامعة جرش

الكلية

كلية الحقوق

القسم الأكاديمي

قسم القانون الخاص

دولة الجامعة

الأردن

الدرجة العلمية

ماجستير

تاريخ الدرجة العلمية

2019

الملخص الإنجليزي

The Franchise contract is considered a modern investment mean.

It is considered a business transaction and one of the most important international modern business contracts.

Franchise contract has received considerable attention by many jurisdictions.

That is because of its significant role in economy on the local and global levels.

Franchise contract is concluded by parties who are independent on both legal and economic levels.

Under this contract, the franchisor (i.e., the project owner) grants the franchisee (i.e., the recipient) the authorization to use his/her commercial or industrial element(s).

Under this contract, the franchisee is authorized to employ his technical knowledge and provide technical assistance to produce or distribute products or deliver services within a specific geographical area for a specific duration.

The franchisee is authorized to do that under the franchisor’s regulations and orders.

That shall be done in exchange for a specific amount of money that the franchisee shall pay for the franchisor.

Through conducting this contract, the franchisee shall benefit the franchisor through assisting him/her in expanding the scope of his/her business, making his/her trademark widely known and improving his/her goodwill with incurring the least amount of costs.

Conducting the franchise contract shall enable the franchisee to have a secure investment.

The present study is intended to provide a clear picture about the Franchise contract.

It aims at identifying the provisions and general rules that regulate this contract under the Jordanian law.

It should be noted that Jordan law has no special legal rules that regulate this contract.

The present study sheds a light on the legal nature and the effects of this contract.

It sheds a light on the definition, types, characteristics, merits and demerits of this contract.

It also sheds a light on the characteristics that distinguish this contract from other contracts.

It sheds a light on the elements of this contract in general and the subject of this contract in particular due to its special nature.

It sheds a light on the formal requirements of this contract and the consumer’s protection.

The study will also shed a light on the effects of this contract which are represented in the obligations that must be fulfilled by both parties.

It identifies the cases on which this contract shall be terminated and the effects derived from the expiration of this contract.

The study will also brief the way of settling the disputes arising out of this contract and the issue of the applicable law.

The analytical descriptive method is used in this study when dealing with the legal texts relating to the Jordanian Legislation in an attempt to identify whether the general provisions of the Jordanian law are sufficient to regulate Franchise Contract or not.

The study concludes with several conclusions relating to the determination the legal nature of Franchise Contract, the legal provisions relating to that contract, the legal result of its conclusion and expiration.

Also, the study recommends that the Jordanian legislator must interfere to regulate the Franchise contract with a special law that deals with this type of contract and fit with the its nature in a way that helps to develop it as well as encourage dealing with it.

التخصصات الرئيسية

القانون

الموضوعات

• القانون
• الأردن

عدد الصفحات

234

قائمة المحتويات

• APA
• MLA
• AMA

لغة النص

العربية

نوع البيانات

رسائل جامعية

رقم السجل

BIM-953427