Purpose - The aim of this article is to provide solutions to protect the weaker party in management and distribution contracts, especially in the field of franchising.Design methodology approach - ...The paper is based on a review of literature, legislation and practices concerning management and franchise contracts. The regulation of this field at a national level consists of laws that are both private and mandatory in nature. Certain questions are raised concerning the obligatory nature of regulations when applied to the management of international franchise contracts.Findings - This article studies the question of whether the imperative application of laws to international contract management is appropriate. These contracts are concluded through the form of adhesion contracts, which have been prewritten by the dominant party and by which the adherent, the distributor, the franchisee or the agent, are placed in a weaker legal position. Considering the absence of international tuitive rules, this article suggests a way to guarantee the protection of parties in a weaker position.Practical implications - This research provides entrepreneurs, managers and other members of the business community with legal tools and mechanisms for the protection of the franchisee's position.Originality value - This approach may well be helpful in finding solutions to legal issues that are of great importance in the negotiation of service contracts, as a way to overcome the difficulty of finding solid arguments to extend the rules that protect consumers and workers in service agreements.
Provincial perspectives are largely lacking in accounts of the emergence of the Second Reform Act, but a vigorous and innovative popular movement for reform emerged in the mid 1860s. A burgeoning ...newspaper press both conveyed and itself did much to create a sense of accelerating movement unparalleled since Chartism. Former Chartists, notably Ernest Jones, were significant organisers, but the infusion of this movement into communities hitherto untouched by organised popular politics was widespread. Formal organisations can be identified in at least 282 separate localities outside London. Conservative working men's associations, by contrast, were slow to emerge and ephemeral. A rich material and performative culture bore witness to workers’ sense of property in their skill, their education and importance as wealth creators, but also to the popular reform movement's profoundly gendered character. Though committed in principle to manhood suffrage, by the spring of 1867 working‐class reformers were largely reconciled to incremental change and middle‐class opinion about reform similarly softened. This is demonstrated in the history of the Reform League's ‘Yorkshire Department’ and the success of its president, Robert Meek Carter, at the 1868 parliamentary election in Leeds.
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This book was first published in 2005. The economic and political conditions that have led to the rise of radical right parties exist in similar form and intensity all over Europe. Yet, radical right ...parties have only been successful in a few countries. The Republikaner party's less than 2% of the vote is much lower than the National Front's high of 15% and the Freedom Party's 27% of the vote in national legislative elections. Why do such a small percentage of voters choose the radical right in Germany? Why is the radical right winning more seats in Austria than in France and Germany? The main argument in this book is that radical right parties will have difficulty attracting voters and winning seats in electoral systems that encourage strategic voting and/or strategic coordination by the mainstream parties. The analysis demonstrates that electoral systems and party strategy play a key role in the success of the radical right.
Este artigo investiga os fatores que explicam o baixo índice de internacionalização das redes de franquias brasileiras. O objetivo é identificar se por um lado os recursos da empresa, como ...experiência de monitoramento, dispersão geográfica no mercado doméstico e reputação, e, por outro, aspectos institucionais, como pertencimento a grupos empresariais, influenciam a probabilidade das redes de franquias brasileiras se internacionalizarem. Utilizando dados secundários disponibilizados pela Associação Brasileira de Franchising (ABF), são investigados as relações entre quatro aspectos influenciadores e as chances de internacionalização por meio de uma regressão logística para uma base de 420 redes de franquias brasileiras, sendo 49 dessas internacionalizadas e 371 não internacionalizadas. Os resultados confirmaram as hipóteses relacionadas à dispersão geográfica nacional, franqueadores com maior dispersão geográfica no mercado doméstico estão mais propensos a se internacionalizarem, e pertencimento a grupos, franqueadores que pertencem a grupos estão mais propensos a se internacionalizarem. Como contribuição, este estudo inova ao comprovar quantitativamente que a dispersão geográfica nacional, e pertencer a grupos são fatores que determinam a internacionalização de redes franquia de mercados emergentes, como o Brasil.
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Previous research on multi-unit franchising (MUF) has primarily focused on agency and transaction cost perspectives. The present study develops and tests an organizational capability (OC) model of ...the franchisor's choice of MUF. According to the OC view, the franchisor gains a competitive advantage by exploration and exploitation of firm-specific resources and capabilities. We hypothesize that, if the franchisor expects to obtain a competitive advantage resulting from higher exploration and exploitation capabilities when using MUF as opposed to single-unit franchising, the franchisor will more likely choose MUF as a governance mode of the franchise system. Based on empirical data from the German and Swiss franchise sectors, the results of the regression analysis support these hypotheses. Our main contribution to the franchise literature is the development of an OC model of the franchisor's choice of MUF that complements the existing organizational economics explanation of MUF.
Observed contracts in the real world are often very simple, which partly reflects the constraints faced by contracting firms in making the contracts more complex. In this article, the authors focus ...on one such rigidity: the constraints faced by firms in fine-tuning contracts to the full distribution of heterogeneity of their employees. The authors explore the implication of these constraints for the provision of incentives within the firm. The study's application is to sales force compensation, wherein a firm maintains a sales force to market its products. Consistent with ubiquitous real-world business practice, the study assumes that a firm is restricted to fully or partially set uniform commissions across its agent pool. The authors show that this restriction implies an interaction between the composition of agent types in the contract and the compensation policy used to motivate them, leading to a "contractual externality" in the firm and generating gains to sorting. This article explains how this contractual externality arises; discusses a practical approach to endogenizing agents and incentives at a firm in its presence; and presents an empirical application to sales force compensation contracts at a U.S. Fortune 500 company that explores these considerations and assesses the gains from a sales force architecture that sorts agents into divisions to balance firmwide incentives. Empirically, the authors find that the restriction to homogeneous plans significantly reduces a firm's payoff, relative to a fully heterogeneous plan, when the firm is unable to optimize the composition of its agents. However, a firm's payoff under a homogeneous plan comes very close to that under a fully heterogeneous plan when the firm can optimize both composition and compensation. Thus, in the empirical setting of this study, the ability to choose agents mitigates the loss in incentives from the restriction to uniform contracts. The authors conjecture this result may hold more broadly.
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In this paper, we present a novel approach for automatically detecting buildings from multiple heterogeneous and uncalibrated very high-resolution (VHR) satellite images for a rapid response to ...natural disasters. In the proposed method, a simple and efficient visual attention method is first used to extract built-up area candidates (BACs) from each multispectral (MS) satellite image. After this, morphological building indices (MBIs) are extracted from all the masked panchromatic (PAN) and MS images with BACs to characterize the structural features of buildings. Finally, buildings are automatically detected in a hierarchical probabilistic model by fusing the MBI and masked PAN images. The experimental results show that the proposed method is comparable to supervised classification methods in terms of recall, precision and F-value.
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The success of franchising contracts may depend on the market. Business format franchising is based on having a common brand name and concept within the chain developed by the franchisor. As ...intangible assets, all brands and related business concepts do not have the same profitability. Thus, we address the question of spatial organisation impact on franchise contracts managed by the parent brand in the Brazilian market. Within the traditional agency view, the presence of distant retail outlets leads the franchisor to choose a payment mechanism designed to provide incentives to the franchisee; that is, a low royalty rate associated with a high fixed fee. Based on a unique panel dataset, we provide evidence that spatial dispersion has the opposite impact in Brazil. This new insight suggests the need for brand assets protection, decisive in an emerging market context. Moreover, monetary provisions and alternative tools play a critical role in brand maintenance and support.
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499.
The Economics of Hybrid Organizations Menard, Claude
Journal of institutional and theoretical economics,
09/2004, Volume:
160, Issue:
3
Journal Article
Peer reviewed
This paper analysis the recent progress in the understanding of a orgnizations known as hybrid forms. The growing literature on these forms, staning between markets and markets and hierarchies, ...raises important questions about their nture and role in a market economy. Adopting a transaction-cost perspective, tl paper first confronts the conceptual problem posed by this apparently heteroging their mode of coordianation. The last section examines the complex forms "government" adopted by these arrangements and proposes a model for ensulating these properties. The conculation emphasizes several remaining issue.
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This article assesses the impact of transactional, relational, entrepreneur orientation on satisfaction and performance from the viewpoint of franchisee. The methodology includes an empirical study ...that was conducted in education franchising in Indonesia. The results show that the quality of relational relation is important in improving franchisee performance results. Meanwhile, entrepreneur orientation as a moderator variable gives an effect towards the improvement of franchisee performance. From the four indicators of entrepreneur orientation, in education franchise context in Indonesia, the most required indicator is the courage to take risks. This quality is required by franchisee in increasing franchisee performance because without courage to try new things and find creative ideas, franchisee performance will not improve. This article also discusses managerial implications, research limitation and future research.
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