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A Jurisprudential and Legal Analysis of the Franchise Institution in Light of the Iranian Commercial Bill (With an Emphasis on the Pre-contractual Phase)
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Ali Nejati Fard1   , Siamak Qiasi Sarki2 , Alireza Entezari Najafabadi1 |
1- Al-Mustafa International University, Iran.
2- Al-Mustafa International University, Iran.S |
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Abstract: (39 Views) |
| The franchise agreement is among the types of contracts explicitly addressed following the emergence and systematic recognition of intellectual property rights—specifically within the Iranian Commercial Bill. This agreement constitutes a legal relationship between a franchisor (the holder of intellectual property rights) and a franchisee, established for a defined period to facilitate the exploitation of certain intellectual property rights belonging to the franchisor. In its modern form, this type of agreement lacks a precedent in traditional jurisprudential sources; consequently, prior to the introduction of the Iranian Commercial Bill, it had not been mentioned in the country’s statutory laws. Employing a descriptive-analytical approach and drawing upon jurisprudential and legal foundations, this article seeks to analyze and establish the legitimacy of the franchise institution, while also providing a legislative critique and evaluation of its pre-contractual phase as presented in the Iranian Commercial Bill. The findings of this research indicate that, while the pre-contractual provisions of the Commercial Bill are generally consistent and compatible with the principles and standards of Islamic law, there remain certain shortcomings and ambiguities. These issues necessitate revisions, supplementation, the inclusion of interpretive notes, or even the addition of a separate, independent article. Consequently, the realization of legitimate and efficient competition within a franchise network depends upon the review and refinement of the existing regulations. |
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Article number: 7 |
| Keywords: Franchise, Pre-Contractual Stage, Franchisor, Franchisee, Franchise Agreement, Commercial Agency. |
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Full-Text [PDF 628 kb]
(12 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/12/15 | Revised: 2026/10/18 | Accepted: 2026/04/19 | Published: 2026/12/22
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