Applicable law to international franchise contracts

In commercial life, making the distribution of goods and/or service by other merchants under a uniform appearance by using the business format belonging to a certain merchant has revealed the franchise contracts. Franchise contracts are made widely in the world and in Turkey. Accordingly, franchising comes to Turkey from different countries and franchising is also given to different countries from Turkey. This situation requires that international franchise contracts and disputes arising from these contracts should be handled in terms of private international law. In this context, the possibility of applying foreign laws as well as Turkish law in terms of franchise contracts arises. Franchise contracts, which are not regulated in Turkish law as in many countries laws; it contain elements related to other contracts, is compared with similar contracts, includes different types, and has different legal qualities and features. The complex structure of franchise contracts is effective and decisive in determining the applicable law. In this context, it is important to determine the law according to which disputes arising from international franchise contracts will be resolved, that is, the authorized law to be applied to these contracts. In addition, the scope of the franchise contract status should also be determined. In our study; in the context of Turkish law, by making use of comparative law, the structure of franchise contracts in substantive law, the determination of the law to be applied to international franchise contracts in accordance with the subjective and objective conflict of rules, and the scope of the franchise contract status, that is, the conditions that are within the scope of this law and which are out of the scope of this law are handled. Within this framework, in the context of the provisions of the Act on Private International Law and International Civil Procedure Law with no. 5718 and in the view of comparative law, the problems and solution proposals have been tried to be put forward by examining and evaluating the law to be applied to international franchise contracts. Key Words: Franchise contracts, international franchise contracts, applicable law, determination of applicable law, the scope of the contract status