Razrešenje nedoumica o tome šta je goodwill i da li primalac franšize ima prava povodom goodwill-a

Abstract

Franchising as a specific method of contractual investment business has become increasingly important. The legal system of the Republic of Serbia does not directly regulate franchising agreement. Until the publication of the Draft Civil Code, legislation didn’t mention the franchising agreement, and therefore does not know the institute of goodwill as one of the essential elements of the franchising agreement. Goodwill represents a boon and a benefit from a good name and reputation, it is an attractive force that brings customers. Goodwill is important for successful operation of franchisor and the franchising network. By providing answers to the questions: what goodwill is; whether goodwill and reputation are synonymous; what are the types of goodwill and what are the rights of the franchisee regarding goodwill, we believe that we will be able to clarify potential ambiguities regarding this institute that will be relevant to future judicial and business practice in Serbia.