The questions below offer a general framework on the headings that must be regulated in a franchise agreement and the distinction between distributorship and agency. In a specific case, time limits, documents and the regulations in force are assessed separately.
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Which headings must necessarily be regulated in a franchise agreement?
Trademark use, territory, fees, supply, quality, supervision, competition, term, termination and post-contractual obligations should be clear.
The specific contract, business model, regulations of the relevant authorities and the legislation in force on the date of the transaction should be reviewed separately.
Are distributorship and agency the same legal relationship?
No. The independence of the parties, the authority of representation, on whose behalf the sale is made and the remuneration model produce different legal consequences.
The specific contract, business model, regulations of the relevant authorities and the legislation in force on the date of the transaction should be reviewed separately.