Da responsabilidade do franqueador em relação ao franqueado em face do código de defesa do consumidor

• Autor(a) principal: Yokogawa, Sonisi Keiko
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35680
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

This work deals with the franchise agreement , figure increasingly widespread in our practice mercantilist. Initially presents the historical origin of the above mentioned contract , economic and legal perspective , characterized its economic function and proceeding to its distinction from other realities within the next commercial distribution , as well as the legal contract of this species. Subsequently , we present the concept of the contract itself , as well as the contracting parties franchisor and franchisee , and also their duties and obligations under the contract. Moreover, it is treated the responsibility of the franchisor and the franchisee against the Code of Consumer Protection , the franchise agreement may not contain provisions that reduce the supplier's liability in case of damage to the consumer , or prohibiting the consumer to return the product or recover the amount already paid on the basis of a product or service as well as the main problems that arise with the responsibility in case of damages against third parties. Thus , responsibility for product and service fact that is evident when the consumer suffers any damage caused by the product or service. Thus, the breach of the franchise agreement , in whole or in part , may lead to its termination , assured the victim to compensation for the damage. Thus , the relationship between franchisor and franchisee and consumdor end finds protection in the Consumer Protection Code. The responsibility in the face of both the final consumer is objective , in accordance with Articles 12 to 14 of the CRC, obeying thus the general rules and basic carved there , and thus despcienda for the consumer and for the defense of their rights the fact that the manufacturer , producer, manufacturer , importer , dealer or service provider characterized as franchisor or franchisee. 7 This situation has relevance to the Contracting Parties of the franchise system , translating this obligation inter partes. Thus , the franchise law is able to carry out the whole operation legal contract between the franchisor and franchisee , closing duties and obligations between them very well defined