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Do Four Proposed Franchise Laws in Belgium Make EU-Wide Laws Inevitable?
The tide of franchise regulation in Europe continues to flow, as the Belgian parliament is the latest of the EU member state legislatures to consider enacting not one, but four distinct franchise laws. Does this make regulation of franchising on an EU-wide basis inevitable?
Law One ' Disclosure. Following the example of France, Spain, and most recently, Italy, the Belgian Chamber of Representatives is currently considering a bill introduced on Oct. 8, 2003 that will regulate the contents of franchise agreements and provide for precontractual disclosure in a similar manner to the French, Spanish, and Italian legislation. If the bill passes into law, it will oblige franchisors to provide potential franchisees with details of the franchise system and the agreement before they enter into the franchise agreement. Any franchisor who fails to comply with the disclosure requirement will find its franchise agreement to be unenforceable, enabling franchisees to walk out on the franchise at any time, free from any non-compete or other restrictions.
Law Two ' Franchise Agreements. The Chamber of Disputes is also considering a second bill, dated Oct. 30, 2003, which aims to regulate the contents of franchise agreements in order to ensure what it considers to be an appropriate balance between the rights of franchisors and franchisees. The proposed law somewhat overlaps with the proposed disclosure law and provides for potential franchisees to be given basic details about the franchisor, a financial plan for the business, and benchmarks that give a clear overview of the market, the terms of the contract, and a list of franchisees in the same territory. The bill goes on to provide that certain clauses, such as termination for underperformance, be unenforceable, while others, such as a minimum period of notice of termination, be mandatory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.