Reconstruction Of Commercial Franchise Contracts In The Context Of Codification Of Civil Code

Commercial franchise,as an increasingly active business model,is playing an increasingly important role in the socio-economic operation of our country,and commercial franchise contracts are the basis for the healthy operation of this business model.Its legislative perfection directly affects the development of commercial franchise in China.However,there are still many problems in the legal regulation of commercial franchise contracts in China at this stage.The legislative level of commercial franchise legislation is relatively low,administrative regulations and departmental regulations are redundant,some regulations are lagging behind,there are contradictions or imperfections.It is not enough to protect the legitimate legal rights of the concessionaires.At present,China's Civil Code is also being codified,so it is very meaningful to explore the reconstruction of China's commercial franchise contracts in the context.The thesis researches on the subject of the reconstruction of commercial franchise contracts in the context of the codification of civil code.At the beginning of this article,the background and significance of the topic selection,the literature review and research methods,and the overall structural arrangement are explained.Secondly,the dissertation discusses the basic concepts and legal characteristics of commercial franchise contracts.The basic concepts are analyzed from domestic and foreign aspects.The method of comparative law can better capture the essential characteristics of this type of contract.The main aspects of legal characteristics Includes four characteristics,which are the essence of commercial franchise contracts.Then specifically discusses the necessity of adding a commercial franchise contract chapter in the compilation of the Civil Code of our country,and discusses it from three aspects with a case analysis method,including the current legal regulations and existing problems in this type of contract in China,the positive significance of special chapter of commercial franchise Then on the basis of a full understanding of China's existing relevant laws and regulations and major issues,it discusses and analyzes the useful experience of foreign legislation on commercial franchise contract legislation and draws lessons from it.contracts,which lays the foundation for the following discussion.Eventually returned to the core issue of the thesis,namely how to restructure the norms of commercial franchise contracts in the context of the codification of the civil code.This paper expounds the main content of the choice and reconstruction of the legislative model,and the main content is subdivided the definition,the rights and obligations of both parties,and the restructuring of the specific system,focused on protecting the legal rights of the franchisee,and conducted a useful inquiry into the record-setting system in judicial practice and the responsibility of the franchise.Therefore,in terms of the current status of commercial franchise development and the status of such contract legislation in China,the special chapter in the Civil Code contract stipulates the commercial franchise contract and carries out a special restructuring to resolve the existing specific legal issues,which are necessary and reasonable.