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Anders Fernlund
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Position: Doctoral Student in Civil Law
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Room: C 957
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Telephone: +46 (0)8 - 16 38 18
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Cell: +46 (0)701-70 70 93
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E-mail: anders.fernlund@juridicum.su.se
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Field of work:
Franchising has historically not been separated in legislation, but has been treated according to general commercial law. In recent years, however, some countries have enacted specific laws regarding franchising. These laws can be divided into two main categories: (a) relationship laws, which focus on the relationship between the parties to the franchise agreements, franchisor and franchisee, and (b) disclosure laws, which focus on the pre contractual situation before the franchise agreement has been signed, especially the disclosure of certain information.
Franchising is a phenomenon with a strong international flavor. Should problems arise in one country, it is likely that the same problems exist in other countries. Despite this, not many countries have considered the information situation in the pre contractual phase to be such a problem that it needs legislation. The countries that have legislated have done so for various reasons, in different ways and also have come up with different remedies for non-compliance.
My thesis addresses the issue of a statutory duty of disclosure in contracts between legal entities and particularly in franchise relationships. Furthermore, the current legislation in the Swedish Franchise Disclosure Act will be analyzed and discussed in comparison with the corresponding legislation in other States.
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