Franchise Sözleşmesinin İçeriği, Şekli ve Hukuki Niteliği ile Genel Özellikleri ve Çerçeve Esaslarının İncelenmesi
Authors: GÜROL Görkem 
Published: February 2025

Before making the definition of the franchise agreement in the context of private law, it is useful to make some determinations about this agreement. Firstly, there is no such relationship as dependent or independent merchant Deceptions between the parties in this agreement, on the contrary, the parties to the agreement are completely independent of each other. Another point that needs to be determined about the franchise agreement is that the parties to this agreement do the work they do on their own behalf and accounts. The definitions that we will give below regarding the definition of the franchise agreement also follow these definitions. Franchisor -one party to the contract, franchisee- the other party to the contract- is the contract that gives him the right to conduct a business (franchise business) for the purpose of selling certain products on his behalf within his network for a fee, as well as granting him the right and obligation to use his trade name or trademark and other intellectual property rights, know-how and business method. The franchise agreement is an anonymous contract due to the fact that it is not a contract regulated by law. However, there is no consensus in the teaching on whether this contract is a mixed contract or a sui generis contract. In our opinion, the reason for this and similar differences of opinion regarding the contents of the French contract and the provisions is due to differences of opinion at the point of determining the scope of mixed and sui generis contracts. When looking at the examples of the franchise agreement in practice, the elements belonging to the named contracts such as rent, service, agency, power of attorney, sale with; management can accommodate elements of anonymous contracts such as know-how, consulting, licensing together. In the final analysis, it is necessary to state that the actual establishment of the franchise agreement is not formed by the parties fulfilling their mutual actions, but by declarations of will in accordance with each other. Therefore, a franchise agreement is a consensual agreement in which the franchisor undertakes to grant a franchise to the franchisee and to exercise its rights within this framework. This contract is an anonymous contract due to the fact that it is not a contract regulated by law. However, there is no consensus in the teaching and literature on whether this contract is a mixed contract or a sui generis contract. It is believed that the reason for this difference of opinion is due to differences of opinion on the determination of the scope of mixed and sui generis contracts. Looking at the examples of the franchise agreement in practice, it can accommodate elements of named contracts such as rent, service, agency, power of attorney, sale together with elements of anonymous contracts such as management, know-how, consulting, licensing. In these cases, the perspective on the concept of mixed and sui generis (unique) contract will also form the answer to the question of whether the franchise agreement is a mixed contract or a sui generis (unique) contract.
Key Words: Franchise, Franchise Agreement, Legal Qualification