Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen

Franchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical k...

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Main Author: رشاد نعمان العامري
Format: Article
Language:Arabic
Published: University of Science and Technology, Yemen 2017-10-01
Series:مجلة الدراسات الاجتماعية
Online Access:https://journals.ust.edu/index.php/JSS/article/view/1236
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author رشاد نعمان العامري
author_facet رشاد نعمان العامري
author_sort رشاد نعمان العامري
collection DOAJ
description Franchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical knowledge from Franchisor to Franchisee. In Yemen, Franchise has not received any private legal legislation till the moment, necessitating applying contract articles, contracts general principles and some provisions embodied in the texts of other laws that are suitable to be applied to some of its issues and provisions, in addition to what is inspired by provisions in foreign laws. This study aimed to distinguish franchise agreement from similar contracts that have become common in the commercial field; to identify important legal and practical problems facing franchise agreement as well as suggest solutions to address such problems; and to propose regulatory principles that can be used by the Yemeni legislator in the future when enacting laws that govern franchise agreement. To achieve these objectives, the study followed a descriptive analytical method. The study concludes that the franchise agreement has not received any special legal legislation in Yemen so far; and also the franchise agreement is characterized by a complex nature and has special features. Keywords: Franchise, Trade mark, Technical knowledge, Franchisor, Franchisee.
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spelling doaj.art-f9adf26c9fc74321b1f74972a86332c72022-12-22T00:17:54ZaraUniversity of Science and Technology, Yemenمجلة الدراسات الاجتماعية2312-525X2312-52682017-10-012310112010.20428/jss.v23i0.12361091Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemenرشاد نعمان العامريFranchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical knowledge from Franchisor to Franchisee. In Yemen, Franchise has not received any private legal legislation till the moment, necessitating applying contract articles, contracts general principles and some provisions embodied in the texts of other laws that are suitable to be applied to some of its issues and provisions, in addition to what is inspired by provisions in foreign laws. This study aimed to distinguish franchise agreement from similar contracts that have become common in the commercial field; to identify important legal and practical problems facing franchise agreement as well as suggest solutions to address such problems; and to propose regulatory principles that can be used by the Yemeni legislator in the future when enacting laws that govern franchise agreement. To achieve these objectives, the study followed a descriptive analytical method. The study concludes that the franchise agreement has not received any special legal legislation in Yemen so far; and also the franchise agreement is characterized by a complex nature and has special features. Keywords: Franchise, Trade mark, Technical knowledge, Franchisor, Franchisee.https://journals.ust.edu/index.php/JSS/article/view/1236
spellingShingle رشاد نعمان العامري
Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen
مجلة الدراسات الاجتماعية
title Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen
title_full Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen
title_fullStr Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen
title_full_unstemmed Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen
title_short Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen
title_sort legal framework of franchise agreement compared to the legislation status in yemen
url https://journals.ust.edu/index.php/JSS/article/view/1236
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