UNCONSCIONABLE CLAUSES IN A FRANCHISING AGREEMENT FROM THE UNITED STATES´ PERSPECTIVE
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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.
Contrato de concesión, franquicia, cláusula abusiva, Estados UnidosFranchising contract, unconscionability, unconscionable clause, abusive clause, United States