التكييف القانوني لعقد الفرنشايز : دراسة مقارنة

الملخص EN

International trade contracts play a significant role in the economic life of countries and individuals alike, especially those that are modern and developed.

The best example of this is the franchise contract, which is distinguished for its know-how subject, in addition to the other intellectual property elements.

The main concern in our study – the franchise contract – poses several legal problems, especially in countries where it has not yet received legal regulation, such as the Syrian Arab Republic and other Arab countries.

Perhaps the most important of these problems are those related to the legal adaptation of the franchise contract between the grantor and the grantee.

Through this study, we seek to identify the legal rulings to which this type of contract is subject, an issue that has known much controversy and juridical as well as jurisprudential division due to the multiplicity of theories that dealt with it.

There are those who considered it as a simple contract and tried to hail it among the set of traditional and modern contracts, and those who considered it as a composite one with some disaccord about its composite image.

There are also many opinions regarding the effect of the legal adjustment process of this contract, with a view to determining the responsibility of franchisee towards the others.

This is precisely what we will try to explore in this comparative analytical study.