TO THE ISSUE OF DETERMINING THE LEGAL STATUSOF FRANCHISE PARTIES

Abstract

The article considers the issues of determining the legal status of the counterparties of a franchise agreement, defines the rights and obligations of the parties, identifies the main problems of practical realization of the legal personality of the participants, and suggests the author’s vision of the problems of both contractual and pre-contractual dispute settlements. The article also considers the peculiarities of franchising and domestic franchising legislation. The author came to the following conclusions: 1) the rights of a minor franchisee are derived from the rights of the original franchisee and cannot be wider than the rights of the original franchisee; 2) the franchisee must compete with the franchisor on the territory of the franchise agreement; 3) the obligation of non-competition in the law is formulated discretely, which can lead to litigation between the franchisor and the franchisee.