PRE-CONTRACT INFORMATION OBLIGATIONS OF THE PARTIES OF THE COMPLEX ENTREPRENEURIAL LICENSING AGREEMENT ON THE EXAMPLE OF RUSSIA AND FRANCE

Abstract

The article is devoted to the analysis of the pre-contractual information obligations of the parties to the comprehensive entrepreneurial license (franchising) agreement, using the example of the legislation of Russia and France. The legal nature of the franchise agreement, its mixed nature, and the specifics of regulation at the pre-agreement stage are examined. Special attention is paid to the principle of integrity, which influences the formation of information obligations, as well as the responsibility of the parties for providing inaccurate or incomplete information. The work compares two regulatory models: “soft” (characteristic of the Russian legal system, based on general norms on conducting negotiations and judicial practice) and “rigid” (implemented in France through the Law of Dubin and a mandatory document on pre-contractual disclosure of information - DIP). The author concludes that it is advisable to adopt certain elements of foreign experience into the legislation of the Republic of Uzbekistan, which will increase the level of protection of potential franchisees, reduce the risks of unfair behavior, and strengthen the legal certainty of franchise relations.