LEGAL CHARACTERISTIC OF THE FRANCHISE AGREEMENT IN GERMANY

Abstract

The purpose of the article is to study the legal nature of the franchise agreement in Germany. The research subject is the franchise agreement in Germany. The methodology of research. The study is based on the use of general scientific and special scientific methods and techniques of scientific cognition. The dialectical method allowed studying the definition of franchising agreement in Germany and its essentials. The comparative legal method was applied in order to compare doctrinal approaches to this issue. Interpretation of the content of laws and regulations of German legislation covering issues related to the conclusion of the franchising agreement in this country was carried out by means of the normative-dogmatic method. The system-structural method was used to study franchising agreement in Germany as a unitary whole (system) with coordinated functioning of all its elements. Methods of grouping and classification formed the basis for singling out a list of requirements needed to conclude franchising agreement in Germany, as well as provision to be included in this agreement. Methods of analysis and synthesis helped to investigate separate parts of such an agreement in order to formulate further conclusions. Practical implications. The positive experience of Germany in the regulation of issues related to the conclusion of the franchising agreement can be used for introducing corresponding changes in the legislation of Ukraine. Value/ originality. This scientific paper is the first study in Ukraine devoted not to general issues of regulation of franchising activity in Europe but specifically to franchising agreement in a separate country (in Germany).

Keywords

• franchising, franchising agreement, franchiser, franchise, disclosure, essentials