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Capacity to contract

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n Every person who is a major according to the law applicable to him, and of sound mind, is competent to contract.

n In the Republic of Kazakhstan, the age of majority is 18.

n A contract by a minor is a void, and cannot be ratified by him.

n If a person has entered into a contract with minor, he cannot recover the price from him.

What is a FRANCHIZING?

Arrangement where one party (the franchiser) grants another party (the franchisee) the right to use its trademark or trade-name as well as certain business systems and processes, to produce and market a good or service according to certain specifications.

Ø Where a person who has built up a brand of fast foods, licenses it to another to sell such fast foods strictly in accordance with the instructions of the person who licenses him.

Ø The arrangement is the beneficial to both side.

Ø A franchise can take many forms. It can be simply a licence agreement under which the licencee can use a trade mark or a brand of the licencor. It can also include a sale by the licencor of the ingredients of the product which the licencee uses to make the final product and sells.

Franchising in Kazakhstan

Kazakhstan is a leader in Central Asia in the area of franchising. Although franchising is still a fairly new business concept in Kazakhstan, it is drawing increased interest from entrepreneurs

Ø Nowadays Kazakhstan has its own specific law impacting franchising agreements. It is the law n. 330-2 of 24 June 2002 concerning the Franchise and it fixes the elaboration and the achievement of plans to promote franchise, the drawing up of juridical rules to support franchising development; moreover it offers to franchisors numerous warrantees and facilities and the recording and protection of franchisors' rights.

Ø The majority of foreign franchises in Kazakhstan are from Russia and Western Europe, mainly the U.K. and U.S, Turkey, Germany, Spain, and Italy.

Labour law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations.

The labour laws and regulations of the Republic of Kazakhstan are based on the Constitution of the Republic of Kazakhstan.

The constitution of the Republic of Kazakhstan is the principal law, which regulates the work, conditions and rights of the citizens and residents.

Presumption of innocence

•Is the principle that one is considered innocent until proven quality by the court


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