加盟契約內容控制之理論與實務

The Theory and Practices of Contents Control in Franchise Contract

Franchise is characterized as the autonomy and restriction of system. The reasons behind contract control vary from § 71, § 72 and § 247-1. Franchisor must take the business interest of franchisee into consideration in addition to his interest. As a result, the balance of different interests is necessary to determine the legality of contract clauses. The common franchise contract clauses which are often discussed by theories and courts are reviewed and analyzed in this article, which includes the clause of minimum of sales, guidelines of quality and sales, power of finance and personnel, resale price maintenance, control rights, restriction of purchase, exclusive district, power of approval when change of franchisee, and restriction of competition by franchising and post-franchise. Personal opinions are also provided as a reference for court practices.