Study On The External Civil Liability Of Franchisor In Commercial Franchising

Business franchising began in the United States in the 1990s.Its simple expansion model and unified business model are favored by more and more operators.Especially for the inexperienced mall novice with little capital,commercial franchising can greatly reduce the risk of operation,the franchisor not only expands the scale of the enterprise through this way,the franchisee also makes profits,to achieve a win-win situation.However,as the commercial franchising involves not only the internal relationship between the franchisor and the franchisee,but also the legal relationship with an external third party,more and more disputes also occur outside the commercial franchising system,and the civil liability involved in the commercial franchising is therefore more complex.In the commercial franchise system,the franchisor and the franchisee are two relatively independent individuals,and the role of the franchisor in the commercial franchise is crucial.In order to maintain the stability and consistency of the commercial franchise system,the franchisor will inevitably control and dominate the franchisee to a certain extent.Therefore,the external civil liability in commercial franchising is probably caused by the franchisor's behavior.Due to the differences in business modes and business fields involved in commercial franchising enterprises,as well as the different control behaviors of the franchisor on the franchisee,it is more difficult for the people's court to identify and classify the subject of responsibility.Based on the concept and characteristics of commercial franchising,this paper analyzes the internal legal relationship of commercial franchising and explores the theoretical basis for franchisor to bear external civil liability.The author holds that the franchisor's external civil liability includes contract liability and tort liability.The specific liability form of the franchisor's external civil liability includes its,vicarious liability and supplementary liability.At last,through the analysis of the present legislation and judicial practice in our country,discusses the franchisor in foreign civil liability that ignoring the control relationship between the franchisor and the franchisee,unreasonable application form with the franchise contract is not clear problem,suggestion in the franchisor control over the franchisee behavior,the introduction of the vector control test,on the responsibility to form his own responsibility for the principle,vicarious liability and supplement liability for the exception.