Franchise Sözleşmesinin Kuramsal Çerçevesinin Özel Hukuk Bağlamında İncelenmesi

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Firstly, in the franchise agreement, there is no relationship between the parties such as dependent or independent merchant assistance, on the contrary, the parties to the agreement are completely independent of each other. Dec. Secondly, the parties to this agreement do the work they do on their own behalf and accounts. Franchise refers to a system consisting of intellectual or industrial property rights related to trademarks, trade names, store signs, utility models, designs, copyrights, know-how or patents that will be used for the resale of goods or the provision of services to on users. The franchise agreement, on the other hand, includes a number of obligations of the franchisor in which the franchisor grants the franchisor the right to use a franchise for the purpose of marketing certain types of goods or services in exchange for direct or indirect financial contribution, and at least; the use of a common brand or business name and the uniform appearance of facilities or means of transportation; the transfer of know-how by the franchisor to the franchisor; the continuous commercial and technical support of the franchisor by the franchisor during the agreement. In this context, the franchise agreement; it is possible to define the right to sell, distribute or operate a product or service belonging to the franchisor as a concession in a certain region in favor of the franchisee, including the use of intangible assets such as names, brands, signs, know-how, presentation and marketing strategies belonging to it, as well as a bilateral, urgent legal framework agreement that includes the inclusion of the franchisee in the organization and concept established by the franchisor with certain obligations, goals and limitations. Key Words: Franchise, Franchise Agreement, Competition, Private Law