从“益禾堂”纠纷看商业特许经营合同的相关法律问题

Legal Issues Related to Commercial Franchise Contracts from the Perspective of the “YH.TANG” Dispute

摘要: 商业特许经营，作为一种成熟的商业经营模式，自1851年美国胜家公司首次采用以来，至今已历百余年。在我国近10年以来，市场上新式茶饮(奶茶)经济形态的繁荣也与特许经营模式的应用密不可分。但繁荣的背后，产生的“傍大牌”“蹭热度”现象在新式茶饮市场也屡见不鲜，由此产生的特许经营合同纠纷也是一个值得研究的问题。本文将以一个典型的新式茶饮头部品牌“益禾堂”为切入点，讨论由“益禾堂”的特许经营合同中存在的两个主要问题，一是在于在发生纠纷后的定性问题，确定为特许经营合同纠纷后更有利于规范化地处理纠纷。二是在受“欺诈”后可通过行使解除权或撤销权，以挽回损失。

Abstract: Commercial franchise, as a mature business model, has been adopted by American Shengjia Company for more than a hundred years since it was first adopted in 1851. In the past 10 years in China, the prosperity of the economic form of new tea (milk tea) in the market is also closely related to the application of franchise model. However, behind the prosperity, the phenomenon of “near the big brand” and “hot” is also common in the new tea market, and the resulting franchise contract dispute is also a problem worth studying. This paper will take a typical new tea head brand “YH.TANG” as a starting point to discuss the two main problems existing in the franchise contract of “YH.TANG”. One is the qualitative problem after the dispute arises, which is more conducive to the standardized handling of disputes after determining the franchise contract dispute. Second, after being subjected to “fraud”, the right of cancellation or cancellation can be exercised to recover the loss.