Abstract

ROJAS QUINONES, Sergio Alberto. Franchiser's liability before the franchisee's customers: a topic before which commercial law is not updated. Opin. jurid. [online]. 2010, vol.9, n.17, pp.145-164. ISSN 1692-2530.

It is not a secret that commercial franchise in Colombia is currently an excellent research laboratory for all those who want to have a kaleidoscopic institution which analysis is feasible not only from a theoretical and ius privatum point of view, but also from a practical, constitutionalist, administrative, and in general, multifaceted point of view, in both praxis and academic law. This article tries to make a contribution to the methodological and dogmatic advances in relation to this topic, tackling an issue overlooked in most researches, that cannot be ignored in light of practical effects it may imply: franchiser's liability resulting from the franchisee's behavior. With the purpose of achieving a real and deep analysis of the topic, the article develops in detail some issues deemed as fundamental regarding this topic, which will provide an integral overview of how the franchiser can become affected by his/her co-contractual party's performance, according to the Colombian legislation.

Keywords : Liability for acts of another; presumption of culpability; franchise; franchiser and franchisee.

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