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- aggregation classification "A2".
- aggregation creator B918360.
- aggregation creator person.
- aggregation date "2014".
- aggregation format "application/pdf".
- aggregation hasFormat 5769192.bibtex.
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- aggregation isPartOf urn:issn:0928-9801.
- aggregation language "eng".
- aggregation publisher "Kluwer Law International".
- aggregation rights "I have transferred the copyright for this publication to the publisher".
- aggregation subject "Law and Political Science".
- aggregation title "Goodwill compensation after termination of a Franchise contract: comparative perspectives on cour de cassation 23 October 2012 (No. 11-21.978)".
- aggregation abstract "In the case decided by the French Cour de Cassation on 23 October 2012, a franchisee invoked the rules on unjustified enrichment to claim compensation for loss of clientele (also referred to as ‘goodwill compensation’) resulting from the termination of the franchise contract. The Cour de Cassation dismissed the claim of the franchisee, stating that the rules on unjustified enrichment may not be invoked if the alleged enrichment of the defendant and the alleged impoverishment of the claimant find their justification in the execution or termination of a contract entered into by the claimant and the defendant. The following reports examine how this case would be resolved in seven other European jurisdictions – Belgium, Estonia, Germany, Ireland and the United Kingdom, Italy and the Netherlands – as well as under the Draft Common Frame of Reference. The overall conclusion is that all the examined jurisdictions are reluctant to allow an unjustified enrichment claim for loss of clientele after termination of a franchise contract. However, in almost all the examined jurisdictions, legal scholars and courts seem to look for alternative ways to grant a franchisee, under certain conditions, a goodwill compensation after termination of the franchise contract, e.g. by applying the specific statutory rules concerning commercial agency by way of analogy to franchises.".
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- aggregation endPage "959".
- aggregation issue "6".
- aggregation startPage "955".
- aggregation volume "22".
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