Abstract

RODRIGUEZ-YONG, Camilo A.. Unconscionable clauses in a franchising agreement from the United States' perspective. Vniversitas [online]. 2011, n.122, pp.519-539. ISSN 0041-9060.

The article presents the United States' experience in the development and implementation of legal and extralegal mechanisms aimed at protecting franchisees before the incorporation of unconscionable clauses in a franchising agreement. From the analysis of the statutes, case law and private sector initiative, it is possible to identify legislative, administrative and private measures aimed at achieving this objective. Likewise, the study of the American case shows how the implementation of the unconscionability doctrine is possible in contracts different from those considered as consumer contracts.

Keywords : Franchising contract; unconscionability; unconscionable clause; abusive clause; United States.

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