Attorney Dragana Djordjevic » Blog » Commercial law (21)

Types, Requirements for Setting up and Termination of Work of Private Practice

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According to provisions of Law on Health Care (“Official Gazette of the Republic of Serbia”, No. 25/2019) providers of health care are:

  • institutions of higher education of health professionals and other legal entities for which a special law stipulates that perform the tasks of health services
  • private practice
  • health care practioners who perform health activity, in accordance with the law
  • other higher education institutions and scientific-educational and scientific institutions, with the opinion of the Ministry of Health, in accordance with the law.

Requirements for Setting up of Private Practice

Private practice may be set up by:

Doing business without order or authority

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Doing business without an order means carrying out the transactions of another person, whether legal or material, without order or authority, but on account of the one otherwise normally engaged in them, and for the purpose of protecting that person’s interests.

Doing other person’s business without invitation is permissible only should the transaction need to be carried out without delay, because of possible immediate danger of damage or loss of an obvious benefit.

Duties and rights of a manager without order (authority)

Duties of a Manager Without Order (Authority)

A manager without order (authority) shall notify the principal for whom he acts about his act as soon as possible and shall continue the business commenced, should this be reasonably possible, until his principal is able to take over the matter. After completing the business transaction he shall render account thereof and shall hand over everything he has acquired while doing his business to his principal. Continue reading Doing business without order or authority →

Franchising

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Franchising is a system of marketing goods and/or services and/or technology, which is based upon a close and ongoing collaboration between legally and financially separate and independent undertakings, the Franchisor and its individual Franchisees, whereby the Franchisor grants its individual Franchisee the right, and imposes the obligation, to conduct a business in accordance with the Franchisor’s concept.

The right entitles and compels the individual Franchisee, in exchange for a direct or indirect financial consideration, to use the Franchisor’s trade name, and/or trade mark and /or service mark, know-how, business and technical methods, procedural system, and other industrial and /or intellectual property rights, supported by continuing provision of commercial and technical assistance, within the framework and for the term of a written franchise agreement, concluded between parties for this purpose. Continue reading Franchising →