STATUS STRON UMOWY FRANCZYZY W PRAWIE POLSKIM
STATUS OF THE PARTIES TO THE FRANCHISE AGREEMENT IN POLISH LAW

Summary/Abstract: The subject of the article is the analysis of the status of the parties to the franchise agreement, which in Polish law is a non-named contract, and its conclusion is possible due to the principle of freedom of contract. The paper characterizes the essence of the contract, as well as the rights and obligations of the parties, shaped largely by the franchisor, which is the economically stronger entity in this legal relation. The lack of universal standards, normalized by universally applicable laws, means that the only restrictions on the formulation of provisions are ius cogens resulting from acts, principles of social coexistence, as well as the essence of the legal relation. In connection with the growing interest of entrepreneurs in franchising and the need to regulate the franchise agreement in the Polish legal order, on July 31, 2023, a government bill was published on the website of the Government Legislation Center. Now the bill is a the opinion stage. The proposals presented address key aspects related to the operation of franchise networks and moreover are used to improve the position of the franchisee.

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