Abstract
As the franchise capital of Europe, the operation of the business model in this domestic market is of critical significance. This paper examines the business format franchise model in France with a focus on the regulatory environment. The growing judicial reliance on case law, albeit in an unofficial way and how this practice has evolved into the concept of jurisprudence constant is discussed. There is a trend for Ordinances to be enacted that codify developments in case law and supplement the existing Loi Doubin and these ordinances are impacting on the complexities involved with owning and operating a franchise outlet. To add to the complexities, there are unique characteristics of French law, including jurisprudence constant, delictual liability and intuitae personae. An overview of these concepts is provided alongside recommendations for improvements to the current regulatory approach to business format franchising.
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