Examinando por Materia "Franquiciante"

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    Ítem
    Estructuración financiera del modelo de franquicias para "Empanadas La Catedral"
    (Universidad EAFIT, 2017) Tobón Cadavid, Santiago Alberto; Salazar Meneses, Stephania; Restrepo Tobón, Diego Alexander
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    Ítem
    Franquicia en Colombia, cómo mutaría de un contrato atípico a un contrato típico, regulación y creación de “proyecto ley” de la franquicia
    (Universidad EAFIT, 2023) Muñoz Mesa, Andrés Felipe; Pulgarín, Juan Fernando
    This monograph analyzes the franchise in Colombia and in the world, assesing existing regulations and the behavior of this business model, establishes commercial and legal guidelines that must be adhered to ensuring the fulfillment of the relationship and contract between the involved parties in a clear and equitable manner, which are reflected in a proposal for a “Franchise Law Project” that aims to create a clear and balanced contract where the contracting parties have rights and duties that help improve their commercial relationship fostering mutual growth with a shared goal that benefits both parties. The methodology used corresponds to a qualitative descriptive-interpretive research focused on a documentary design. It centers on the interpretation of commercial law with a particular focus on franchising. This research is conducted through the compilation of historical information of legal, doctrinal, jurisprudential sources as well as national and international legal concepts. Likewise, an analysis is conducted from the 1991 Political Constitution, which in Article 151 establishes that only the Colombian Congress can enact laws regarding economic intervention, stating its purposes and scope. Similarly, Article 333 of the Constitution asserts that economic activity in Colombia is guided by the principles of a free-market system. The preceding reflects that, the appropriate process to legally establish a franchise contract is the procedure of a bill in Congress, especially when dealing with a right regulated by the industrial property regime, patents, trademarks, or other forms of intellectual property that are inherent to the franchise. This is underscored by the fact that a fundamental aspect of this contractual model involves the licensing of brand, name, and trade identity.