Franchising Agreement in International Contract Law

This graduate work is aimed at the study of the legal nature of franchising agreement in international law, consideration of features of the collision regulation of the agreement, analysis of the legal regulation of the franchising agreement at the international level, in the legislations of various foreign countries and in the Russian Federation. To achieve these aims the following objectives are set: to analyze the historical development of franchising; to disclose the concept of international franchising agreement; to determine the standard conditions of the contract; to consider the legal conflict; to analyze the legal regulation of international contract of franchise at the international level and at the level of various foreign legal systems and in the Russian Federation. The following conclusions are made: firstly, international franchising contract is a contract, which is concluded between the franchisor and the franchisee, who are entrepreneurs and one of them carries out in a foreign country, the onerous nature of the transfer is aimed at complex of exclusive rights. Secondly, the foreign legislator focuses on pre-contract stage of conclusion of the contract, the termination phase, variation or extension of the term of the contract, as on these stages the franchisee is the most vulnerable to the abuse of right from the franchisor. Thirdly, the main international documents are the WIPO Guide on franchising 1994, Guide to International Master Franchise Arrangements 1998, Model Franchise Disclosure Law 2002, etc. Fourthly, the main conflict of is the law of autonomy of the will, in accordance with which relations between the parties are governed by the law that they have chosen, if parties have not chosen the applicable law, priority is the law of the closest connection. Fifthly, in the Russian legislation there is no concept "franchising", "franchise agreement", the analog is "commercial concession", "commercial concession agreement".