The contract of the commercial concession and franchise agreement: a comparative legal analysis of Russian and international legislation

Authors
  • Vronskaya M.V.

    Vladivostok State University of Economics and Service
    Vladivostok. Russia

  • Amaryan L.A.

    Vladivostok State University of Economics and Service
    Vladivostok. Russia

Abstract

This article discusses the question of the relationship of a commercial concession contract, which is used in the Russian right the system, as well as a franchise agreement, known in many States. Analyzed the historical aspect of the emergence of these contract models, that is, the periods and characteristics of the origin. It is hypothesized that the Russian contract of commercial concession was introduced as an analogue of a franchise agreement. For a positive answer to the question about the identity of the two treaties, analyzes the characteristic elements of the contracts. The subject, the parties, rights and obligations. For a more detailed consideration, it was studied not only in Russian civil law governing the contract of commercial concession, but also the experience of foreign countries such as USA and France. Were identified features of the Russian judicial practice, the examined decisions of the courts of General jurisdiction. Based on the jurisprudence, it is stated that Russian courts do not see the difference between the contract of the commercial concession and franchise agreement. In the end, the author concludes that the contract of the commercial concession should be considered and identified with an internationally recognized franchise agreement. It is also proposed to amend the Russian legislation to change the name of the franchise agreement in accordance with generally accepted business franchisees, which will make the law enforcement practice more uniform and to avoid possible contradictions in the interpretation of the law. The practical significance of this study lies in the fact that its results could form the basis of other research on the franchising agreement. So, it will not be the need for proving the fact of synonymic Russian model agreement and a franchise agreement according to international standards.

Keywords: the contract of the commercial concession, franchise agreement, franchisee, franchisor, national legislation, international experience.

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