Law No. 79 of 9 April 1998 on approval of the Government Ordinance. 52/1997 concerning the legal regime of ISSUING franchise published in PARLIAMENT OFFICIAL GAZETTE nr. 147 of 13 April 1998 the Parliament adopts this law.
Article 1 shall be subject to approval of the Government Ordinance No. 52 of 28 august 1997 concerning the legal regime of the franchise, issued pursuant to art. and (b). c) of law No. 134/97 for empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 224 of 30 august 1997, with the following modifications: 1. Article 1 shall read as follows: Art. 1.-for the purposes of this Ordinance, the terms below are defined as follows: a) Franchise is a trading system based on a continuous collaboration between natural or legal persons independent from a financial standpoint, by which a person, called the franchiser, grant to another person, called the beneficiary the right to operate or develop a business, a product, technology or service.
(b) the franchisor is a trader) that:-is the rights owner of a registered trade mark; rights must be exercised for a period at least equal to the duration of the contract of the franchise;
-conferring the right to operate or develop a business, a product, technology or service;
-provide initial training to the beneficiary for the exploitation of the trademark;
-use personal and financial means to promote its brand, innovation, research and development and ensuring the viability of the product.
(c) the recipient is a trader), a natural person or legal entity, selected by the franchiser, which adhere to the principle of omogenitatii franchise network, as defined by the franchisors.
d) know-how is a whole technical formulas, definitions, documents, designs, processes, networks, and other similar elements, which are used for the manufacture and marketing of a product.
e) franchise Network includes a number of contractual relations between a franchisor and several beneficiaries, in order to promote technology, a product or service, as well as for the development of the production and distribution of a product or service. "
2. Article 2 shall be repealed.
3. The title of chapter II shall read as follows: "CHAPTER II rules governing the relations between the parties. Pre-contractual, contractual relations, postcontractuale "4. The title "section I-pre-contractual Relations; postcontractuale relations ' are removed.
5. Article 3 (3)-introductory part-change and shall read as follows: "the franchisor is obliged to provide information about the recipient:" 6. The heading "Section II-franchise agreement" is removed.
7. Article 6 shall read as follows: Art. 6. franchise-the contract must include the following clauses:-subject of the contract;
-rights and obligations of the parties;
-duration of the contract;
-the conditions for the amendment, extension and termination. "
8. Article 8 shall read as follows: Art. 8.-the franchisor will notify the grantee in writing of any breach of contractual obligations and shall grant a reasonable remedial action. "
9. Article 9 shall read as follows: Art. 9.-at the end of contractual relations postcontractuale relations will be based on the rules of fair competition with each other.
The franchisor may impose obligations on farms of the former beneficiary, thus ensuring the protection of the confidential nature of the business and, in particular, the non-utilisation of the know-how of a network competition. "
10. The heading "Section III-exclusive contract" is removed.
11. The heading "Section IV-relations between parties in the network of franchise" is removed.
12. Article 12 shall read as follows: Art. 12.-pursuant to contractual relations with its beneficiaries, the franchisor will establish a network of franchise, to be operated in such a way as to allow the preservation of the identity and reputation of the network for which the franchisor is guarantor. "
13. Article 13 shall read as follows: Art. 13.-the network of franchise consists of the franchiser and beneficiaries. Organization and development of franchise network must contribute to improving production and/or distribution of products and/or services. "
14. Article 14 shall read as follows: Art. 14.-publicity for the selection of recipients must be unambiguous and not contain erroneous information. "
15. Article 15 shall read as follows: Art. 15.-advertising Documents showing financial results forecasts of a beneficiary will have to be objective and verifiable. "
16. Article 16 is hereby repealed.
17. Article 17 shall read as follows: Art. 17. Select the recipient-Franchisor proving the required competencies, namely: managerial qualities and financial capability to operate the business.
The franchisor, as initiator and guarantor of the franchise network, you must ensure the preservation of the identity and reputation of the franchise network. "
18. The heading "CHAPTER IV penalties and offences" be removed.
19. Article 18 shall be repealed.
20. The heading "chapter V-final provisions ' are removed.
21. Articles 19 and 20 shall be repealed.
Article 2 of the Government Ordinance No. 52/1997 concerning the legal regime of the franchise, as amended by this law, shall the Republic Official Gazette of Romania, giving the corresponding numbering texts.
This law was adopted by the Chamber of deputies at its meeting on 25 November 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES, this law was adopted by the Senate at its meeting on 10 March 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CRISTIAN DUMITRESCU--------