Law Analysis Of Franchising Contract

Franchisin as a business model in many countries (regions) are very popular, but also, increasingly, it is paid more attention in other countries(regions) too. Along with China's economic and social rapid development in recent years franchising in China have also shown a rapid development momentum. However, franchising in mainland China are still new, the practice of franchising operation is still irregular, and violations of the legitimate rights and interests are frequent, even causes adverse social impacts. Though these issuses that exist in franchising attribute to many reasons, I think that some of the important reasons are as follows: First, people know little about the Franchising knowledge especially legal knowledge; Second, the legal theory research on franchising is relatively backward; Third,related legislation is not yet perfect. They don't respond to the the rapid development of the franchising practice promptly and positively. Franchising system is complicated, and it involves many law branches. Through in-depth research, I decide to research on the franchising in the contract law angel. This perspective embodies my understanding in the nature of franchising, but also conforms to the practical requirements of franchising in china.This paper introduces the franchise's basic theories(including the concept of franchising, legal characteristics and categorization etc) to enable readers to have a overall understanding about franchise, and to lay the groundwork for the below. Franchising contract is the focus of this paper, the paper analyzes the franchising contracts subject, object, form and the rights and obligations, as well as the external liability undertaking mechanisms and restrictive provisions on competition issues closely related to the franchising contracts. Finally, learning from other countries (regions) on the useful experience and combining with the actual situation in China, the paper gives suggestions on how to improve franchising legal system in China in order to promote the development of franchising legal system.