*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.
Franchising, which has been developing in France since the early 1970s and which is currently undergoing worldwide expansion, is the most complete and most widely used form of associated trade. It is positioned between isolated independent trade and integrated trade (subsidiaries, branches).
In the absence of specific legislation in France and faced with sometimes hesitant case law, the franchise contract is based on a subtle balance between two independent traders:
- the franchisor, who owns a brand, a know-how, but who wants to ensure its development through a network ;
- the franchisee, who wants to remain independent, while benefiting from the brand, know-how and assistance of the franchisor.
The book combines a legal analysis illustrated by an abundance of case law with numerous practical tips based on more than thirty years of experience, fifteen of which were spent with a franchisor.
It devotes important developments, summarized by the "Things to remember" at the end of each chapter, to the different forms of franchising, its place among related contracts, the brand, the Internet, ongoing assistance, entry fees and royalties, the independence of the franchisee, the pre-contractual disclosure document (Doubin Law), European legislation, competition law, the different crisis situations (termination of the contract, termination of the contract in case of assignment or insolvency proceedings).
It is supplemented by practical advice (part 6), a model pre-contractual information document, a contract outline, useful addresses and a glossary.
This legal and practical guide is intended for franchisors, franchisees, prospective franchisees, business lawyers and more generally for all persons interested in franchising.
Dominique BASCHET is a Doctor of Law, a lawyer specializing in distribution and intellectual property law, author of numerous articles and member of the College of Experts of the French Franchise Federation.