DCFR 및 한국법상 프랜차이즈계약 가맹업자의 의무에 관한 비교연구A Comparative Study on the Franchisor's Duty in Franchise Contract under the DCFR and Korean Law
- Other Titles
- A Comparative Study on the Franchisor's Duty in Franchise Contract under the DCFR and Korean Law
- Authors
- 이병문; 신건훈
- Issue Date
- Feb-2015
- Publisher
- 한국무역상무학회
- Keywords
- DCFR; Franchise Contract; Obligations of Franchisor; Pre-contractual Information; Co-operation; Intellectual Property Rights; Know-how; Assistance; Supply; Reputation of Network and Advertising; DCFR; 가맹계약; 가맹업자의 의무; 프랜차이즈계약; 가맹사업
- Citation
- 무역상무연구, v.65, pp.21 - 49
- Journal Title
- 무역상무연구
- Volume
- 65
- Start Page
- 21
- End Page
- 49
- URI
- http://scholarworks.bwise.kr/ssu/handle/2018.sw.ssu/8925
- ISSN
- 1229-2036
- Abstract
- This study primarily concerns the various franchisor's duties provided under the Draft Common Frame of Reference (here-in-after DCFR) in comparison with those under Korean law. It particularly focuses on the followings. First, it scrutinizes the rules on the scope of application in a comparative way, focusing on the following questions; what is the definition of a franchise contract and what are the essential elements of such contract. Second, it investigates in a comparative way the provisons as to the franchisor’s contractual duties as follows; 1) a duty to collaborate actively and loyally and coordinate their respective efforts, 2) a duty to provide the franchisee with adequate and timely information before the contract is concluded, 3) a duty to grant the franchisee a right to use the intellectual property rights, 4) a duty to provide the franchisee with the know-how, 5) a duty to render the franchisee with assistance, 6) a duty to ensure the products ordered by the franchisee are supplied, 7) a duty to provide information during the performance, 8) a duty to warn the franchisee decreased supply capacity, 9) a duty to make reasonable efforts to promote and maintain the reputation of the franchise network. Its emphasis is particularly put on the rationals, the contents and the nature of such duties. Third, this study provides legal and practical advice to the contracting parties when they intend to insert either the DCFR or Korean law in their contract as a governing law.
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