JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2019, Vol. 32 ›› Issue (2): 19-26,51.DOI: 10.13766/j.bhsk.1008-2204.2019.0044

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On the Necessity of Adding Commercial Franchise Contract into China's Civil Code and Its Design Point

LIN Huanmin   

  1. Law School, Goethe University Frankfurt, Frankfurt 60323, Germany
  • Received:2019-01-26 Online:2019-03-25 Published:2019-03-28

Abstract:

Commercial franchise contract should be written as one contract type in China's Civil Code, which not only helps to highlight the legislative style of the combination of civil and commercial law, but also incorporate the hydride model between organization and contract into the legal system. Meanwhile it can also provide clear legal norms to judicial practice. The aim of commercial franchise contract chapter is to prevent contract partners from speculating and promote cooperation. This is mainly reflected in the system design as the pre-contractual duty to inform of the franchisor, the special rights and obligations of the parties at the performance stage and the protection mechanism for franchisee to step out of the contract relationship.

Key words: commercial franchise contract, civil code codification, combination of civil and commercial law, hydride model, pre-contractual duty to inform

CLC Number: