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Vol 5 (2007) - Issue 5

Termination of franchise agreements in Argentina – some critical issues

Osvaldo J. Marzorati, Of Counsel, Allende & Brea, Buenos Aires

The termination of franchise agreements presents some specific and unresolved issues under Argentinian law. Franchise agreements are not regulated under Argentinian law except as regards fiscal and transfer of technology legislation. The latter is also predominantly focused on fiscal matters. The lack of specific franchise legislation, whether related to the offer of a franchise system or matters of disclosure, means that general contract law applies.

International Sales, Franchising and Product Liability Law Perspectives in the United States, Canada, Europe, Singapore and China

John R. F. Baer, Sonnenschein Nath & Rosenthal LLP, Chicago; Veronica Chen, Vivien Chan & Co, Beijing; Andrew P. Loewinger, Nixon Peabody LLP, Washington, D.C.; Sönke Lund, Monereo, Meyer & Marinel-lo Abogados, Barcelona; Daniel Urbas, Borden Ladner Gervais srl/LLP, Montreal, and; Woon C. Yew, Rodyk & Davidson LLP, Singapore

This article examines the issues which arise if there is the need for a product recall of an article that has been sold and distributed under a worldwide franchise agreement from the perspective of international sales, franchising and product law. It considers issues such as contract terms, warranties, choice of law provisions, the rights and liabilities of the various parties involved in the distribution chain, responsibility for the returned product and managing product disposal, dealing with governmental agencies and statutory notification obligations, managing and addressing consumer rights to compensation, managing customer expectations and dispute resolution.