Franchise has been highly accepted as a business strategy on a highly international level. In economically difficult times, the question arises in how far a financial or economic crisis impacts both the franchisor and the franchisee. The following article deals with the general financial and economic situation of franchise companies and is supposed to show the particular characteristics of franchising systems. The authors have conducted an empirical research in order to show the impact of the current international financial and economic crisis on franchising systems as well as to expose the advantages and disadvantages of franchising systems.
The juridical statute of companies may be determined by either the incorporation theory or the real seat theory as the most prominent theories. Both theories are discussed with extensive reference to the case law of the ECJ (including the Cartesio case) as well as the reactions of EU Member States to this case law.
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