Strigunova D.P. The Franchise Contract in the Russian Law
Strigunova Dina Pavlovna
Candidate of Juridical Sciences, Associate Professor,
Deputy Head of Department of Business and Labor Law,
State University of Management
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Ryazanskiy Prosp., 99, 109542 Moscow, Russian Federation
Abstract. The article discusses some questions connected with definition, object and legal nature of the contract of franchising according to the Russian law. Under the franchise agreement we understand an agreement under which one party (the franchisor) undertakes liabilities to provide the other party (franchisee) for the compensation for a period or without specifying the period of the right to use business complex owned by the franchisor to the franchisee exclusive rights, including the right to the trademark sign services, rights under the contract to other objects of exclusive rights (in particular, the right to a commercial designation, know-how), and provide services related to the introduction of franchisees in business the franchisor and franchisee support of activity in the course of its implementation.
The franchise agreement is consensual for compensation and right binding. It is a commercial transaction, since the parties are the franchisor and franchisees involved in entrepreneurial activities.
With regard to the place of franchise agreement among other civil contracts, we consider that it is not among the licensing agreements. It also does not apply to the type of their service contracts and cannot be strictly related to agreements on the use of exclusive rights, and takes their own, independent place, as a two-object agreement.
Key words: franchising, franchisee, franchisor, contract of franchise, system of exclusive rights, trademark.
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