Franchise Regulation in the European Jurisdictions as a Basis for Its Adoption in Poland

Abstract

This study refers to the problem of franchising regulation as a phenomenon of private law. In fact, in most legal systems, franchising operates on the basis of the principle of freedom of contract or the principle of freedom of economic activity. However, in some countries, franchising is regulated with varying degrees of intensity. The regulation of franchises seems to be necessary due to the need to protect the economically weaker party to the legal relationship. The question arises whether, at the pre-contractual stage, if the candidate for a franchisee is a natural person who does not conduct business activity, such a person should benefit from the legal protection provided by the legal system for the consumer, in terms of information provided before the conclusion of the contract. The problem of information provided by the organizer of the franchise network is addressed by the so-called model law. In its main part, the study first indicates different ways of regulating franchising in different European jurisdictions. Subsequently, the final part of the core of the presented study is devoted to the key attempt in adopting the franchise regulation in Poland.