The so-called franchise is a modern distribution draught which finds varied use just in the retail trade and on the service industry. By means of the franchise a draught will leave from the franchise giver to the franchisee under whose use the franchisee has to carry on his business. Besides, is supported latter by the delivery of goods, technology or know-how of the franchise giver. The franchise is based on a narrow cooperation between the parties to a contract who are active, however, as a juridical and financial independent and independent enterpriser in the market. This contract type places on a high recognition value of the brand and the common appearance under a uniform name.
The franchise is based on different legal argument situations with international and European relation. After the European code of Ethics for franchise a franchise contract must own certain least contents from which the rights and duties of the parties to a contract can allow to be derived. Before end of the Frachise contract comprehensive protective duties and clarification duties meet the franchise giver with regard to the profitability and the system of the offered know-how etc...
Consultation need exists above all before end of a franchise contract, around this on adequate passages and disadvantageous formulations to check. After end of the contract the juridical problems consist in the fact predominantly whether a franchise contract is fulfilled properly, so breaches of contract are given which can lead up to the notice or resolution of the franchise contract.
Beside the consultation function our activity field also lies in the procedural representation. We are active we in an advisory capacity for different franchise givers from different service areas to bring the individual images of a franchise contract in the suitable juridical form for this. In our forensic activities we have gained the different judgments which are performed in leading comments as important decisions of German courts in the area of the franchise rights.