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Mutual Agreement By

reciprocal agreement between franchisor and franchisee for termination, termination or non-renewal of the franchise agreement; [PL 2013, c. Markets are a paradigm of self-producing or spontaneous social organization (Hayek 1973, p. 37), i.e. social arrangements in which participants` activities are spontaneously coordinated, through adaptation or reciprocal adaptation of separate decision-makers, without conscious and central direction. In this sense, the market order “as a particular type of social structure” (Swedberg 1994, p. 255) may be opposed to the deliberate and centralized coordination of activities within companies or organizations, i.e. within social entities such as “family, factory, factory, business, company, company and all associations, as well as all public institutions, including governments” (1973). 46). One of the central themes of F. A. Hayek`s work is that the distinction between the “two types of order” (Hayek 1973, p. 46), the market and the organization (Vanberg 1982) is fundamental to an adequate understanding of the nature of social phenomena in general and market order in particular. The lack of adequate recognition of the nature of the market as a spontaneous social order is, according to Hayek, a great source of confusion in discussions on economic theory, and in particular on economic policy, confusion which he attributes in part to the ambiguity that is implied when the term “economy” is used to describe the market order.

Since the term is derived from the Greek word oikonomia, which means domestic economy, “an economy in the strict sense is an organization or agreement in which someone deliberately assigns resources to a unit order of the extremities” (Hayek 1978, p. 178). To avoid misleading connotations, Hayek proposes not to refer to the market order as an economy, but as a catallaxie – derived from the Greek word katallatein, which means “exchange” (Hayek 1976, p. 108). As the materialistic perspective emphasizes concrete conditions, it tends to minimize the constitutive aspects of the law: the physical realities of organizational life should not depend on the presence or absence of legal descriptions – especially since economic actors can generally, by mutual agreement, indicate everything that is not yet defined by law. Nevertheless, in some of the writings of the transaction, at least embryonic, there are references to a materialistic approach to the constitutive law.