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Practices

Franchising in Lithuania

Background

Lithuania is a country in the Baltic region of Europe with an area of 65,200 km and population of 3.354,700 (2008 figure). It has a GDP of US$ 47.3 billion and is a parliamentary democracy. Lithuania joined the European Union in 2004.

There are many international franchises in the travel and car hire, clothing retail and food & beverages sectors.

Legislation

There is no specific franchise law but franchise agreements are governed by the Civil Code of 2001.

There is also a requirement for registration.

Franchise Legislation

There are certain laws which are of particular importance to franchisors and franchisees:

  • there is a pre-contractual disclosure requirement
  • franchise contracts have to comply with certain standard requirements
  • franchisees have a right to have the agreement renewed on same terms on its expiry, if  the franchisee has duly performed all duties under it. There are certain exceptions
  • franchisor may be jointly liable with franchisee in relation to third party claims in relation to quality of products
  • one sided or unequal contract terms are difficult to enforce
  • on death of franchisee the rights and duties pass to heirs if they have entrepreneurial capacity and take over the business within 6 months of inheritance,  otherwise the agreement terminates
  • there is a general duty of good faith
  • there is a duty of confidentiality during negotiations
  • franchise agreements are subject to Competition law
Conclusion

In Lithuania it is very important to be aware of the laws applicable to franchising and its implications to foreign franchisors especially in terms of liability to franchisees and third parties and to ensure that the terms of the agreement are enforceable.

For more information please contact Lisa Sen.

 

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