Franchising Law
Franchising law is composed of different laws: competition law, distribution law, intellectual property, obligations, commercial leases, company law, etc… with an original approach.
The Doubin law is a precontractual protection of the franchisee, candidate for the franchise.
Refer to the general works that exist in any specialized library.
Franchising law is a jurisprudential (precedents) law which first major event was the “Pronuptia” judgement delivered by the Court of Justice of the European Communities of Luxembourg, in 1986. This jurisprudence gave birth thereafter to the famous exemption regulation of franchise agreements, promulgated in 1989.
In 1999, the exemption regulation was renewed for 10 years. And its third edition, expected and published for 2010, is in the process of being modified.
In the meantime, a huge jurisprudence was built around litigations surrounding franchising. This abundant jurisprudence is quantified by thousands of sentences pronounced by commercial courts and judgements made by the Court of Appeal.
Franchising law was reinforced by the famous promulgation of the Doubin law, in 1989, the field of application of that law being very vast (concerns the whole of the associated trade) and was actually promulgated primarily to regulate franchising.
By reading the columns “History of Franchising” and “Pressbook by Olivier Gast”, you will notice that the work of Olivier Gast has largely contributed to the creation of franchising law in France and in Europe.
It is the whole lot that makes up franchising law. But what is original in that this vast unit is the "Franchising spirit" that colours the world of distribution by this very particular and very original prism.
