MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us L.T. Ibadova indicates two types of franchise agreement according to the scope of rights
provided:
Dealership - that is, a small trader distributes the products of the main company or sells
services on its behalf, based on the volume of the products and services provided, for a
certain amount of funds;
Corporate franchising – the user (licensee) fully participates in the economic activities of the
main company, independently realizing the trademark, products and services [16].
Today, the fact that the franchise agreement is entering all sectors related to product production,
service and performance of work, makes it possible to increase the types of franchise agreement.
Therefore, it is not possible to provide a specific list of types of franchise agreements.
In general, the franchise contract is an independent type of contract, although different tariffs are
given in the approach to its concept, but all of them have a general character, that is, there are no
serious differences between the opinions of scientists when signing it. This situation can be
attributed to the fact that the franchising contract is considered a new contract in most countries
and has been used and developed in business activities since recent times.
It is known that the complex business license (franchising) contract has similarities with a
number of contracts in terms of the content and subject matter of the contract. Such agreements
include a license agreement and a trust management agreement.
According to S. Safoeva, a license agreement means that the owner of intellectual property rights
(licensor) provides his property rights to the licensor for the purpose and order agreed in the
contract, and the other party (licensee) pays the fees agreed in the contract. and a civil-legal
agreement that determines the use of these rights for the purpose and in the manner provided for
in the contract [17].
Complex business license (franchising) agreement and license agreement are similar in terms of
subject matter, but differ in terms of subject and subject scope. Because, in accordance with the
license agreement, only one object is provided, in the franchising agreement, a complex of
exclusive rights is provided to the licensee. In addition, only business entities are the subject of
the franchise agreement. Any individual or legal entity can be a party to the license agreement
regarding intellectual property objects.
According to the property trust management agreement, the person who determines the trust
property, i.e. the person who participates as the founder (settlor), is responsible for the benefit of
one or more persons - the beneficiary, that is, the beneficiary - who has shown the property to the
second party known as the trustee. submits for prospective management [18 ].
There are also different aspects of the comprehensive business license (franchising) agreement
and the trust management agreement, which are as follows:
First, if only a complex of absolute rights is recognized as the subject of a complex business
license, the list of assets that can be the subject of a trust management contract is wider and
includes enterprises and other property complexes, separate objects belonging to real estate,
securities, special rights and may consist of other property.
Secondly, natural persons can also be considered subjects of trust management of property. Only
commercial organizations and citizens registered as entrepreneurs can participate in the complex
business license (franchising) contract.
If we consider the participation of business entities established and operating in different
countries as parties to the comprehensive business license (franchising) contract, there is a need
for regulation on the basis of international legal norms.
In general, the improvement of the legal basis of the complex business license (franchising)
contract and the research of its specific features play an important role in the development of