engleski

Significance of the CISG for franchising and distribution agreements in the EU market

Authors’ aim is to answer whether UN Convention on Contracts for the International Sale of Goods (further: CISG) can be applied to contracts such as franchising and distribution. Primarily, it shall be explored if the CISG can be applicable to sale of goods part solely, and secondly, if its application can be stretched to the entire franchise/distribution contracts, when disputes arise as to formation, termination of these contracts or other issues generally covered by the CISG. Franchise/distribution contracts are considered as framework agreements, where the main element is almost regularly a sale of goods “part”. However, there is no set of rules which deal with contractual aspects of franchise/distribution contracts on the EU level, except of, for now, a fruitless attempt in Part E of the Book IV of the Draft Common Frame of Reference (further: DCFR). Ultimate goal, in the opinion of the authors is to preserve international character of franchise/distribution contracts and through intensified application of the CISG, as a legal instrument widely adopted and shyly marked as the EU sales law, to achieve a better economic and legal integration of the EU market in the field of franchise/distribution business, including Croatia as a newcomer.

CISG, franchising, distribution, sale of goods, EU sales law

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