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Franchising Agreement in International Contract Law

Student: Drezin Mark

Supervisor: Aleksandra Kasatkina

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

This graduate paper is aimed at conducting a comprehensive legal analysis of the specifics in the area of franchising relations, legal regulation of franchising in the countries where it is the most prevalent, as well as the analysis of the Russian analogue of the franchise - commercial concession agreement. The main objectives of the paper are: (a) disclosure of the essence of franchising; (b) study of the legal regulation in foreign countries; (c) an analysis of the legal provisions on franchising in Russia; (d) identification of gaps in franchising regulation in Russia. The paper consists of an introduction, three chapters, nine paragraphs, a conclusion and a bibliography. Chapter I discloses the legal nature of the franchising agreement. Chapter II is devoted to the study of the legal regime of the franchise agreement in the national and international practice. Chapter III focuses on the coverage of the Russian aspect of franchising regulation with major legislative changes. Based on this research the following conclusions were made: firstly, franchising is a certain structure and business model, which involves the creation of a wide network of similar businesses under a single brand or mark and complying with the same conditions; secondly, in Russian legislation the agreement of commercial concession is an independent institution, which corresponds to the world-used term “franchise”, therefore, these terms can be regarded as equivalent;

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