ЕЛЕМЕНТИ И СТРУКТУРА УГОВОРА О ФРАНШИЗИНГУ
ELEMENTS AND STRUCTURE OF FRANCHISE AGREEMENTS

Summary/Abstract: The franchising agreement originated at the end of the nineteenth century in the United States and in European countries it use was noted only in mid-twentieth century. By applying it through their business, companies have recognized the possibility of making a profit with far less risk in relation to new business ventures that imply entering into a new, undeveloped and both to a market (and the users) unknown work that has to go through all the stages of acceptance. The franchising agreement is extremely complex agreement with elements of other classic and recent contract, which is often mistakenly both equated and replased with them. The modern legal instruments, whith whom franchising business legaly harmonize, represent the origination of the common law legal system. The franchising agreement formed by written agreement of the parties on the elements of economic cooperation covered by the contract in question. Uniformly concluded contracts provide the same legal position of all franchisees to each other and in relation with the franchiser, thereby preventing disputes among the participants on the occasion of the unilateral privileges of a franchisee. The necessity of the written form of franchising is generally accepted in legal literature, although there is no relevant legislation. The aim of scienticic work is to present the essential elements and the structure of franchise agreements, with particular reference to the specifics of the Anglo-Saxon legal technique that is reflected in the detailed regulation of all potentially predictable situations. The paper deals with the contractual clauses as the main form of presentation of contractual content, with special reference to the clauses governing the specific contractual obligations to make this agreement a contract sui generis.

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