Uwagi do projektu ustawy o działalności franczyzowej

Abstract

The aim of the paper is to present comments to the second draft of the franchise agreement regulation proposed by Rafał Adamus. Undoubtedly, the franchise agreement requires statutory regulation, hence the solutions to be adopted in the planned act are very important. The study discusses the issue of the place of regulation of the franchise agreement (the Civil Code or a separate act), the definition of this agreement, the regulation of the agreement taking into account the Act on Combating Unfair Competition of 16 April 1993, the essence and content of the information prepared by the franchise network organizer, the rights and obligations of the parties of the agreement, the advisability of introducing regulations on practices infringing the collective interests of franchisees and intertemporal rules. The paper contains suggestions concerning additional solutions in the planned regulation, e.g. about issues related to the sub franchise agreements, the rules of joint (and several) liability of the franchisee and the franchisor towards third parties, overriding provisions and regulation regarding the obligation of the parties to the contract to care for the good name of the franchisor and the entire network. The study is to be an incentive for further intensive work on the statutory regulation of the franchise agreement.