Research Of Franchisor’s Civil Liability In Commercial Franchising

Commercial franchising, a type of franchise, is an important business model in the development of market economy in China. Currently franchise with the fast development has the legal problems which need the legal theory of the further research. Especially commercial franchising need franchisor’responsibility system construction, which is base on the basic theory of commercial franchising system to find out the reasons of the unequal distribution of the rights and obligations, and then puts forward the reasonable theory in internal and external civil liability system of franchisor, and according to contract law and tort law theory, article analyzes the situation of franchisor bearing the internal contracting negligence liability and the responsibility of breach, and according to different types of commercial franchising, article distinguish the type of franchisor bearing the joint tort liability to third person-when the franchisor is the producer or seller, the franchisor bear non genuine joint liability for product liability or bear joint liability for joint tort; When the franchisor is pure business model franchisor or trademarks franchisor, the legal foundation of the responsibility is not contract responsibility but tort liability, the liability form is joint liability, and the imputation principle is the fault-presuming.In addition, the world expo franchise and Olympic franchise which have particularity in legal subject and legal object with the general commercial franchising, should be defined as a special kind of commercial franchising, but its content of civil liability system of franchisor is not so special, still can use general commercial franchising rules.