Comparison of South African and Tunisian Franchising Laws Regarding Disclosure and their Implications for Algeria

Abstract

The first step to starting a franchise business is to provide disclosure documents. How disclosure documents are regulated in Tunisia and South Africa, which information must be disclosed, the time of disclosure and the remedies. The main objective is to compare and analyse the existing franchising law in selected countries to explore and analyse the law relating to disclosure documents in franchising. Also, to help design essential features of an Algerian franchise law regarding disclosure. The doctrinal legal method complemented with comparative research was used. The armchair library approach was employed to collect data. The findings show that: regarding the information required to be disclosed, Tunisian law provides the most comprehensive list; regarding the required disclosure period, the Algerian proposed law should follow the Tunisian franchise law, and regarding the remedies in case of a failure to comply with disclosure requirements should be the invalidate of the contract and ask for compensation and impose penalties.