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Legislative Choice of Chinese Commercial Franchise Contract: Civil Code or Special Legislation

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2017, (19), pp.21-42
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law

刘骏 1 胡光志 1

1中国重庆大学法学院

Candidate

ABSTRACT

Commercial franchise has played an important role in our daily life, and commercial franchise contract is the core of this business model, so its contract system design is particularly important. The commercial franchise contract is a relational and continuing contract, which has a large specificity compared with the general contractual relationship, and it puts forward the specific requirement of the measure of interest. Commercial franchise contract faces a new legislative choice in the process of compiling the civil code, civil code or specialized legislation has become a controversial issue. The legislative experience of coexistence of two kinds of legislative models in other countries can not provide an optimal model for reference, and the domestic legislation advocates pay more attention to the technical problem how the commercial franchise contract can be a part of the civil code. It is difficult to choose in this case. In the judicial decisions of the commercial franchise contract dispute, the existing administrative special legislation has been applied in changed ways, and the system design to protect the vulnerable franchisee did not really work. In view of this, commercial franchise contracts stipulated in the civil code civil code is more conducive to restrict the application of justice, but also better reflect the general rules and practical needs of franchise contract.

Citation status

* References for papers published after 2022 are currently being built.