Franquias na atualidade: a necessidade de desenvolvimento de legislação para soluções de conflito entre franqueado e franqueador

Abstract

This work aims to study the system of franchises in the aspect under the commercial law. Taking into account its characteristics and its actuality in the Brazilian legal system, demonstrating the importance of this business branch to society. Inclusive economic growth under the franchises are above the average of the gross domestic product. A certain lag in Brazilian law, for being a legislation specifies out-of-date, since for the most part is fetched amparo in our Civil Code. In addition, the business comes from business routines that are constantly moving, to get financial success and for that arbitration is sought as a most effective method to reduce the conflicts that may exist. Arbitration is a very important method, since there may be the possibility of solving the conflict within 180 (one hundred and eighty) days, as the law provides. Another topic discussed during the work is the responsibility of the franchisee and the franchisor for the consumer who can be injured and the franchisee to franchisor and the non-existence of legislation specifies that comes on this contract. This work also demonstrates the existing franchise systems in the Brazilian market. Mindful that there are still some expert in the field of franchising. By ultimate, the content covered in this job offer from the history of the franchise until the most current judged spread across entire Brazil cuts.