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Transparency and Protection in Franchising Contracts: The Italian Experience in European and International Comparison Cover

Transparency and Protection in Franchising Contracts: The Italian Experience in European and International Comparison

Open Access
|Dec 2025

Abstract

This article explores how Italian and selected European legal systems regulate franchising contracts to ensure transparency and protect franchisees. Focusing on Italian Law No. 129/2004, the study examines key legal features such as written form, know-how disclosure, and precontractual information duties. It shows that the franchise agreement is legally structured as a collaborative but imbalanced relationship, where the franchiser typically holds greater bargaining power. Italian courts increasingly interpret franchising as a long-term relational contract (comunità di scopo), subject to good faith and fairness. Through a comparative approach, the article analyses the French, Spanish, Belgian, Greek, and Tunisian frameworks, highlighting how each system addresses issues like misleading disclosure, unfair clauses, and internal competition. Despite differences in technique, a common trend emerges: franchisee protection is strengthened through judicial oversight and statutory safeguards. The study combines case law, legislation, and doctrine to assess the effectiveness of current legal tools and to contribute to the broader debate on potential EU-level harmonization.

Language: English
Published on: Dec 4, 2025
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2025 Tedioli Francesco, published by Polish Economic Security Foundation. Institute for Legal and Economic Dialogue and Analysis
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

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