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Legal Regulation of Franchise Agreements

Student: Dolgopolova Anastasia

Supervisor: Nikolaj Nikolaevich Averchenko

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

The research is aimed at a detailed study of the franchise agreement in order to find the main problems of its legal regulation. The goal is achieved by studying the history of franchise agreements; their analysis from the basics of theory of law; searching for a place for franchise agreements in the system of civil law contracts; studying of the procedures regarding franchise agreements; the identification of general patterns and (or) significant differences in an explanation of the related causes. This paper consists of an introduction, three chapters, six paragraphs, a conclusion and a list of the sources used. The introduction shows the relevance of the topic, sets goals and objectives, identifies the object and the subject of the research. Chapter 1 examines the evolution of franchise agreements both in the world and in Russia. It also compares the terms "franchising" and "commercial concession" since the difference exists due to the unique historical development of Russia. Chapter 2 examines the sources of legal regulation of franchise agreements and points out the need to adopt the law about franchising in Russia. Chapter 3 gives a general description of the franchise agreement, revealing the main features of the contract, the procedure for concluding, amending and terminating the contract, as well as the questions of the parties' liability under the agreement. In the end, we found that the commercial concession in Russia stands on a special place in the system of civil law contracts since it regulates very specific legal relations that cover many branches of law. Significant contradictions in the legal regulation of franchise agreements have been revealed in comparison with the world practice. Namely, the domestic legislator provides a franchisor with more legal protection than a franchisee. There are also contradictions in the terminology. We proposed to adopt the law about franchising, which would unify the terminology and fill the gaps that exist today.

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