About the concept of a commercial concession agreement (franchise's) in Russia, the CIS and the European Union

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Carrying out entrepreneurial activities under a commercial concession agreement enables the user of exclusive rights belonging to the copyright holder to achieve significant commercial success due to the business reputation of the copyright holder. A commercial concession is the best way to expand the business of commercial organizations-rightholders, ensuring through this agreement the maintenance of high standards of results of the relevant business activities. The article examines the concept, content and essential terms of a commercial concession agreement in various countries, provides a comparative legal analysis of the regulation of franchising in the CIS and European countries. The author reveals the content of a franchise agreement in the civil law of the Russian Federation and characterizes the doctrinal understanding of a commercial concession agreement as a type of a paid service agreement or a license agreement. The article contains a number of suggestions for improving this agreement. The author comes to the conclusion about the independent nature of the commercial concession agreement.

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Commercial concession, franchising, contract, right-holding companies, mixed contract

Короткий адрес: https://sciup.org/170190867

IDR: 170190867   |   DOI: 10.24411/2500-1000-2020-11049

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