Соотношение договора франчайзинга и договора коммерческой концессии

Научный лидер. 2024. № 16. С. 125–127.

Chernushina V.

The article analyzes the correlation between the commercial concession agreement and franchising

agreement. The author studies the history of formation and development of these institutions in Russia and

abroad, identifes similarities and diferences between them. Special attention is paid to the consideration of the

content of each of the contracts, their goals and objectives, as well as the peculiarities of legal regulation. The

paper analyzes the positions of various researchers and practitioners on the issue of correlation between

commercial concession and franchising, provides arguments for and against the allocation of franchising as a

separate legal category. The author concludes that, despite some diferences, the commercial concession

agreement and franchising agreement are similar in their content and objectives institutions that are aimed at

the development of entrepreneurship and distribution of successful business models.

Keywords: зарубежный опыт, франчайзинг, foreign experience, franchising, franchise, франшиза, коммерческая концессия, commercial concession, correlation of agreements, соотношение договоров