Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.04
Laura Kelemenné Csontos
The new Criminal Procedure Code entered into force on 1 July2018. Based on the experience of the last four years, the settlement has not beenpopular, but confession at the preparatory session has become favoured.Hungarian academic literature considers the settlement to be the institutionclosest to the American plea bargain. In addition to the two new legalinstitutions, the Criminal Procedure Code contains several simplifier options.Both the previous and the current Criminal Procedure Code provide successfulsimplifier tools (e.g., penalty order), however, neither the settlement nor itspredecessor — the waiver of trial — could break through. In my PhD study Iam looking for the answer to why the Hungarian plea bargain cannot breakthrough, for which purpose I examine the antecedents of the settlement from ahistorical point of view. A fundamental shortcoming can be observed: similarly,to German criminal procedure law, the principle of consensus as a legitimizingprinciple is missing from Hungarian criminal procedure. It would beworthwhile to examine the results that the introduction of the consensusprinciple would lead to. In addition, it would be important to examine thedifferent simplifier institutions in relation to each other, i.e., to which groups ofcases and how they are applied. It is possible that the aim of speeding upprocedures may be reached more conveniently by the authorities by othersimplifier solutions.
{"title":"The Historical Development of the Hungarian Plea Bargain","authors":"Laura Kelemenné Csontos","doi":"10.15170/studia.2023.01.04","DOIUrl":"https://doi.org/10.15170/studia.2023.01.04","url":null,"abstract":"The new Criminal Procedure Code entered into force on 1 July2018. Based on the experience of the last four years, the settlement has not beenpopular, but confession at the preparatory session has become favoured.Hungarian academic literature considers the settlement to be the institutionclosest to the American plea bargain. In addition to the two new legalinstitutions, the Criminal Procedure Code contains several simplifier options.Both the previous and the current Criminal Procedure Code provide successfulsimplifier tools (e.g., penalty order), however, neither the settlement nor itspredecessor — the waiver of trial — could break through. In my PhD study Iam looking for the answer to why the Hungarian plea bargain cannot breakthrough, for which purpose I examine the antecedents of the settlement from ahistorical point of view. A fundamental shortcoming can be observed: similarly,to German criminal procedure law, the principle of consensus as a legitimizingprinciple is missing from Hungarian criminal procedure. It would beworthwhile to examine the results that the introduction of the consensusprinciple would lead to. In addition, it would be important to examine thedifferent simplifier institutions in relation to each other, i.e., to which groups ofcases and how they are applied. It is possible that the aim of speeding upprocedures may be reached more conveniently by the authorities by othersimplifier solutions.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122520465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.12
Blanka Szupera
This paper examines the function of compulsory licensing of themanufacture of pharmaceutical products. The COVID-19 pandemic haschallenged the pharmaceutical patents and the compulsory licenses in thepharmaceutical sector. In International law the TRIPS Agreement introduced aspecial possibility to use the subject matter of a patent without the authorizationof the right holder. The development of this license was determined by thepublic health problems of the least-developed countries (hereinafter referred toas the LDCs). Today the global pandemic has challenged this system. Somedeveloping countries proposed that the World Trade Organization temporarilyshall waive intellectual property rights for COVID-19 vaccines. The legislationof some countries allowed the governance to order the limitations of patents,but such a solution could harm the legitimate interests of the patent owners. Theglobal need for rapid treatment of COVID-19 showed that patentees cannotmake pharmaceutical inventions sufficiently available on the market. There areother solutions like patent pools, by which patent owners could keep control ofthe use of their inventions and the patents would be still available for thirdparties. This would serve the general public interest, but it is a money and timeconsuming, long-distance cooperation. The broadened use of compulsorylicensing could also expand vaccine manufacturing within the patent system.Hungary has chosen this path and the new legislation means the renaissance ofcompulsory licenses.
{"title":"The renaissance of compulsory licenses (in the pharma sector)","authors":"Blanka Szupera","doi":"10.15170/studia.2023.01.12","DOIUrl":"https://doi.org/10.15170/studia.2023.01.12","url":null,"abstract":"This paper examines the function of compulsory licensing of themanufacture of pharmaceutical products. The COVID-19 pandemic haschallenged the pharmaceutical patents and the compulsory licenses in thepharmaceutical sector. In International law the TRIPS Agreement introduced aspecial possibility to use the subject matter of a patent without the authorizationof the right holder. The development of this license was determined by thepublic health problems of the least-developed countries (hereinafter referred toas the LDCs). Today the global pandemic has challenged this system. Somedeveloping countries proposed that the World Trade Organization temporarilyshall waive intellectual property rights for COVID-19 vaccines. The legislationof some countries allowed the governance to order the limitations of patents,but such a solution could harm the legitimate interests of the patent owners. Theglobal need for rapid treatment of COVID-19 showed that patentees cannotmake pharmaceutical inventions sufficiently available on the market. There areother solutions like patent pools, by which patent owners could keep control ofthe use of their inventions and the patents would be still available for thirdparties. This would serve the general public interest, but it is a money and timeconsuming, long-distance cooperation. The broadened use of compulsorylicensing could also expand vaccine manufacturing within the patent system.Hungary has chosen this path and the new legislation means the renaissance ofcompulsory licenses.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124223879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.02
Krisztina Petra Gula
One of the least researched areas of the economic analysis of lawtoday is Criminal law and Criminal justice. A contemporary line of thinkingand examination is the behavioural economic approach that reflects on variousmental distortions (i.e. biases) affecting the decision-making and situationassessment of individuals. The focus of my essay is the intersection of Criminallaw and behavioural economics in the sphere of biases influencing theparticipants in criminal proceedings. The measure of compulsory treatment inthe cases of mentally ill offenders serves as an illustration: the application ofthe sanction, as well as the review procedure aimed at deciding whether analready applied sanction could be ceased and the treated person should bereleased. Outlining this measure is justified by the fact that the potentialconsiderations and evaluations of mentally ill offenders cannot be taken intoaccount as those of sane perpetrators (who are in no state of impairment of themind). This places an even greater responsibility on the rest of the proceduralparticipants – especially judges and experts – to deliver well-reasoneddecisions by eliminating the eventual negative consequences of their generallyless reflected mental distortions that could pose further detriments to thementally ill. As a closure, I am referring to certain ways and means that canpotentially reduce the role of biases in the criminal proceedings and thuscontribute to fairer jurisdiction for the mentally ill.
{"title":"Biases in the Criminal Justice System with Reference to the Practice of Compulsory Treatment of Mentally Ill Offenders","authors":"Krisztina Petra Gula","doi":"10.15170/studia.2023.01.02","DOIUrl":"https://doi.org/10.15170/studia.2023.01.02","url":null,"abstract":"One of the least researched areas of the economic analysis of lawtoday is Criminal law and Criminal justice. A contemporary line of thinkingand examination is the behavioural economic approach that reflects on variousmental distortions (i.e. biases) affecting the decision-making and situationassessment of individuals. The focus of my essay is the intersection of Criminallaw and behavioural economics in the sphere of biases influencing theparticipants in criminal proceedings. The measure of compulsory treatment inthe cases of mentally ill offenders serves as an illustration: the application ofthe sanction, as well as the review procedure aimed at deciding whether analready applied sanction could be ceased and the treated person should bereleased. Outlining this measure is justified by the fact that the potentialconsiderations and evaluations of mentally ill offenders cannot be taken intoaccount as those of sane perpetrators (who are in no state of impairment of themind). This places an even greater responsibility on the rest of the proceduralparticipants – especially judges and experts – to deliver well-reasoneddecisions by eliminating the eventual negative consequences of their generallyless reflected mental distortions that could pose further detriments to thementally ill. As a closure, I am referring to certain ways and means that canpotentially reduce the role of biases in the criminal proceedings and thuscontribute to fairer jurisdiction for the mentally ill.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121163663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.09
Dóra Ripszám
Human trafficking can be seen as a modern version of slavery; it isestimated to be the second most lucrative branch of international organizedcrime. According to the International Labour Organization (ILO), the profitfrom forced labour reaches $ 32 billion a year. One of the most vulnerablegroups targeted by human traffickers are children.In view of the fact that Hungary can also be regarded as a country of origin, destination and transit fortrafficking in human beings, it is necessarily intertwined with the phenomenonof the illegal removal of minors abroad. Acts involving the illegal removal ofminors abroad do not constitute an independent legal category, this is a specialumbrella term for when a minor is attempted to cross the border of the state oforigin or current residence by other means of other means in breach of itslegislation.
{"title":"Illegal removal of minors abroad in connection with child trafficking","authors":"Dóra Ripszám","doi":"10.15170/studia.2023.01.09","DOIUrl":"https://doi.org/10.15170/studia.2023.01.09","url":null,"abstract":"Human trafficking can be seen as a modern version of slavery; it isestimated to be the second most lucrative branch of international organizedcrime. According to the International Labour Organization (ILO), the profitfrom forced labour reaches $ 32 billion a year. One of the most vulnerablegroups targeted by human traffickers are children.In view of the fact that Hungary can also be regarded as a country of origin, destination and transit fortrafficking in human beings, it is necessarily intertwined with the phenomenonof the illegal removal of minors abroad. Acts involving the illegal removal ofminors abroad do not constitute an independent legal category, this is a specialumbrella term for when a minor is attempted to cross the border of the state oforigin or current residence by other means of other means in breach of itslegislation.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"449 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116757676","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.13
Ha Van Thai
This paper aims to examine the effectiveness and suitability of theVietnamese anti-money laundering (AML) and countering financing terrorism(CFT) regime. This paper has three parts. The first part of the paper willprovide an overview of the Law on Anti-money laundering 2012 (the Law onAML) and the criminalization of money laundering offences in the CriminalCode 2015, amended in 2017. The second part of the paper seeks to examinethe practice and challenges of the Vietnamese AML/CFT framework in terms ofthe (i) implementation of preventive measures adopted by the reportinginstitutions in order to preclude and identify money laundering cases; (ii) use ofreporting and combating identifiable or suspected money launderingtransactions to the relevant authorities; and (iii) domestic and internationalcooperation in AML. The third part of the paper will provide recommendationsas referencing for other jurisdictions.
{"title":"Anti-money laundering and countering financing of terrorism legislation in Vietnam: Criminalization, Practice and Challenges","authors":"Ha Van Thai","doi":"10.15170/studia.2023.01.13","DOIUrl":"https://doi.org/10.15170/studia.2023.01.13","url":null,"abstract":"This paper aims to examine the effectiveness and suitability of theVietnamese anti-money laundering (AML) and countering financing terrorism(CFT) regime. This paper has three parts. The first part of the paper willprovide an overview of the Law on Anti-money laundering 2012 (the Law onAML) and the criminalization of money laundering offences in the CriminalCode 2015, amended in 2017. The second part of the paper seeks to examinethe practice and challenges of the Vietnamese AML/CFT framework in terms ofthe (i) implementation of preventive measures adopted by the reportinginstitutions in order to preclude and identify money laundering cases; (ii) use ofreporting and combating identifiable or suspected money launderingtransactions to the relevant authorities; and (iii) domestic and internationalcooperation in AML. The third part of the paper will provide recommendationsas referencing for other jurisdictions.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134639954","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.05
Máté Mester
Creating climate-neutral electronic communications is a sharedresponsibility for the industry and urgent action is needed in the face ofwarming trends due to global climate change. Despite this, environmentalsustainability has just started to receive attention in the regulation of theelectronic communications sector. The national telecoms regulatory authoritiesoverseeing the sector in the different countries are key in driving related policyand regulation. However, as to date, hardly any paper has dealt with theirrespective practices in a comparative manner. Therefore, the aim of this paperis to fill this gap, to review the relevant environmental sustainability regulatoryand policy practices and actions of telecoms regulatory authorities, in order toprovide a comprehensive and high-level comparison of sustainability initiativesin the electronic communications sector. It is hoped that this will serve as astarting point for launching a discourse in the industry and for properlypositioning the green transition in electronic communications regulation.
{"title":"Environmental sustainability regulatory and policy practices and actions of telecoms regulatory authorities","authors":"Máté Mester","doi":"10.15170/studia.2023.01.05","DOIUrl":"https://doi.org/10.15170/studia.2023.01.05","url":null,"abstract":"Creating climate-neutral electronic communications is a sharedresponsibility for the industry and urgent action is needed in the face ofwarming trends due to global climate change. Despite this, environmentalsustainability has just started to receive attention in the regulation of theelectronic communications sector. The national telecoms regulatory authoritiesoverseeing the sector in the different countries are key in driving related policyand regulation. However, as to date, hardly any paper has dealt with theirrespective practices in a comparative manner. Therefore, the aim of this paperis to fill this gap, to review the relevant environmental sustainability regulatoryand policy practices and actions of telecoms regulatory authorities, in order toprovide a comprehensive and high-level comparison of sustainability initiativesin the electronic communications sector. It is hoped that this will serve as astarting point for launching a discourse in the industry and for properlypositioning the green transition in electronic communications regulation.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126112211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.03
Bushra Jahan
Bangladesh is a South Asian country having become independentrecently and confronting countless crimes, and transnational coordinated crimeis one of them. With the proliferation of criminal associations and theaccessibility of present-day digitalization, the level of transnational danger hasincreased in an alarming way, where just a coordinated and elevated degree ofglobally approved cooperation can resolve the issue. Transnational organizedcrime increases border tensions and danger also. In this paper, I will focus on afew explicit transnational crimes occurring in Bangladesh and how those canbe a future danger to the existence of this country. Border hostility, armsdealing, drug trafficking, and illegal human exploitation have been persistentsecurity dangers to the country. I will likewise concentrate on some combatingmeasures taken by the EU to control transnational organized crimes and acomparative discussion of how Bangladesh ought to step up measures tocontrol such crimes in the future.
{"title":"Transnational Organized Crime and Future Threats in Bangladesh: Comparative Combating Measures","authors":"Bushra Jahan","doi":"10.15170/studia.2023.01.03","DOIUrl":"https://doi.org/10.15170/studia.2023.01.03","url":null,"abstract":"Bangladesh is a South Asian country having become independentrecently and confronting countless crimes, and transnational coordinated crimeis one of them. With the proliferation of criminal associations and theaccessibility of present-day digitalization, the level of transnational danger hasincreased in an alarming way, where just a coordinated and elevated degree ofglobally approved cooperation can resolve the issue. Transnational organizedcrime increases border tensions and danger also. In this paper, I will focus on afew explicit transnational crimes occurring in Bangladesh and how those canbe a future danger to the existence of this country. Border hostility, armsdealing, drug trafficking, and illegal human exploitation have been persistentsecurity dangers to the country. I will likewise concentrate on some combatingmeasures taken by the EU to control transnational organized crimes and acomparative discussion of how Bangladesh ought to step up measures tocontrol such crimes in the future.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126177061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.07
Asrul Ibrahim Nur
The article's primary objective is to explore and compare the legalinstrument adopted by regional organisations, specifically the EU and ASEAN,to impose restrictions on free movement rights during the COVID-19 Pandemic.This article uses hard and soft law classifications to denote the great number oftypes and forms of legal instruments. Furthermore, this article aims to explainthe pattern of regional organisations adopting legal tools to govern restrictionson free movement rights. Legal research methodologies analyse legalinstruments from the EU and ASEAN's official legal databases with doctrinaland comparative perspectives. The study's findings revealed two distinct trendsof adopting various types of legal instruments by the EU and ASEAN.Additionally, the choice of this type of legal instrument has ramifications forguaranteeing the practical application of citizen rights, particularly the right tofreedom of movement.
{"title":"Citizen Rights in a Critical Juncture: Comparing the EU and ASEAN Legal Response in the time of the COVID-19 Pandemic","authors":"Asrul Ibrahim Nur","doi":"10.15170/studia.2023.01.07","DOIUrl":"https://doi.org/10.15170/studia.2023.01.07","url":null,"abstract":"The article's primary objective is to explore and compare the legalinstrument adopted by regional organisations, specifically the EU and ASEAN,to impose restrictions on free movement rights during the COVID-19 Pandemic.This article uses hard and soft law classifications to denote the great number oftypes and forms of legal instruments. Furthermore, this article aims to explainthe pattern of regional organisations adopting legal tools to govern restrictionson free movement rights. Legal research methodologies analyse legalinstruments from the EU and ASEAN's official legal databases with doctrinaland comparative perspectives. The study's findings revealed two distinct trendsof adopting various types of legal instruments by the EU and ASEAN.Additionally, the choice of this type of legal instrument has ramifications forguaranteeing the practical application of citizen rights, particularly the right tofreedom of movement.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125756854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.11
Barbara Szabó
Cyberbullying abuses in virtual space can also qualify as stalking ina criminal law obscurity, my thesis notes that the concept of harassment isexamined from as many aspects as possible. It raises awareness of the currenticings of the harassment, and to provide a summary of the subject that can beused in the older ones for the mouths of the livers.
{"title":"Abuses in virtual space and aiding suicide","authors":"Barbara Szabó","doi":"10.15170/studia.2023.01.11","DOIUrl":"https://doi.org/10.15170/studia.2023.01.11","url":null,"abstract":"Cyberbullying abuses in virtual space can also qualify as stalking ina criminal law obscurity, my thesis notes that the concept of harassment isexamined from as many aspects as possible. It raises awareness of the currenticings of the harassment, and to provide a summary of the subject that can beused in the older ones for the mouths of the livers.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131078357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.06
Battulga Namsrai
Franchising is a business model that has been converting dozens ofintangible assets into tangible in the history of mankind. Thus, nowadays it byitself covers a wide range of institutional aspects of law and economics.Besides, a franchise runs according to Nash’s Equilibrium theory. A player canachieve the desired outcome by not deviating from their initial strategy. For thispurpose, the franchisor provides an amount of assistance to the franchisee instarting and managing the business activities.De facto, principles of equality are slightly different for franchise contracts.This is because the results of the contract cannot be achieved without the strictsupervision and advice of the license holder.Therefore, this short comparative research has considered legal and businessissues relating to franchise, including the main contract law requirements, thedisclosure obligation, patent protection, vertical restraints, and the generaleconomic outcome of franchising in some countries.
{"title":"Comparative Legal and Economic Analysis of Franchising","authors":"Battulga Namsrai","doi":"10.15170/studia.2023.01.06","DOIUrl":"https://doi.org/10.15170/studia.2023.01.06","url":null,"abstract":"Franchising is a business model that has been converting dozens ofintangible assets into tangible in the history of mankind. Thus, nowadays it byitself covers a wide range of institutional aspects of law and economics.Besides, a franchise runs according to Nash’s Equilibrium theory. A player canachieve the desired outcome by not deviating from their initial strategy. For thispurpose, the franchisor provides an amount of assistance to the franchisee instarting and managing the business activities.De facto, principles of equality are slightly different for franchise contracts.This is because the results of the contract cannot be achieved without the strictsupervision and advice of the license holder.Therefore, this short comparative research has considered legal and businessissues relating to franchise, including the main contract law requirements, thedisclosure obligation, patent protection, vertical restraints, and the generaleconomic outcome of franchising in some countries.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125318762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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