The franchising agreement and the contract of commercial concession: historical analysis and prospects

Franchising agreement has recently appeared in the new market-based economy in Russia as a new concept for the Russian legislation. Since the middle of the XXth century, franchising agreement has been existed in the United States. It quickly proved its value and started to be used as a great way for business development and economic relations. Legislation in this area has being influenced by dynamic achievements of European continental and Anglo-American law. At the beginning of the thesis the author presents general theory of contract law, reception of Roman law. Author analyzed the first codification of German law and showed first steps of the development of franchising. Author studied the periodization of franchising legislation (started with Magna Carta and ended with the present period). The second chapter covers the main concepts such as commercial concession, franchising, franchise, and the history of the development of these institutions in different countries. Studied countries were divided in three large blocks: United States, Europe, Russia and CIS countries. The special value of the contract for the development of the economy, establishing with foreign partners will be marked as well. The data presented above provide a basis for Chapter 3 dedicated to the current level of the development of this contract in different countries. There is one crucial problem concerning the regulation of the pre-contractual liability in the franchising agreement. The third chapter includes the information about legal requirements in different countries: United States, Europe, Russia and CIS countries. Emphasis is placed on the European Union that has adopted mandatory disclosure at the pre-contractual stage in franchising agreements (Belgium, Spain, and others).