MERODAVNO PRAVO ZA UGOVOR O FRANŠIZINGU PREMA RIM I UREDBI – KRATAK OSVRT

Abstract

In this paper author analyses the conflict-of-law regime for cross-border franchise contracts in European private international law. The study begins with the autonomous characterisation of franchise contract in the context of application of the Rome I Regulation on the law applicable to contractual obligations. It continues with the analysis of conflict-of-law rules of Rome I Regulation which have to be applied to franchise contract, where the attention is given to the choice of law rule of Art. 3 of Rome I Regulation and to the hard conflict-of law rule for franchise contracts contained in Art. 4 (1) (e) of Rome I Regulation which may be derogated by special escape clause of Art. 4 (3) of Rome I Regulation. Finally, author analyses the issue of application of national imperative provisions which protect the franchisee and overriding mandatory rules which can directly affect the cross-border franchise contracts.