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Vol 15 (2017) - Issue 6

From the desk of the GC

Mark Abell, Bird & Bird, London, UK

An interview with Delli Mireskandari, Vice-President & Deputy General Counsel, Gap Inc.

German law on general terms & conditions

Dr. Jiri Jaeger and Dr. Frederik Born, Bird & Bird, Düsseldorf, Germany

While Germany has no dedicated franchising laws, franchisors and their advisors entering the German market must contend with a special set of rules concerning general terms and conditions. This article provides analysis and practical advice on these rules as their application, scope and legislative intent vary widely from practice in other jurisdictions, especially common law jurisdictions. The authors conclude that these rules are useful in protecting the weaker party to a contract in cases where an imbalance of power exists.

Pre-contractual misrepresentation in franchising in the Czech Republic

Jiří Ctibor and Iva Horáčková, ZCH Legal, Prague, Czech Republic

In the absence of specific franchising regulation in the Czech Republic, the parties to a franchise agreement do not have any specific pre-contractual duty to inform. Franchise agreements are therefore subject to the general regulation contained in the Civil Code. This article analyses both the private and criminal law consequences of pre-contractual misrepresentation in the context of franchise agreements.