Inseguridad jurídica de los contratos de franquicia en Colombia

Abstract

The world of commerce has been influenced by globalization for more than 4 decades. Which has led companies and entrepreneurs around the world to seek new forms of growth and expansion; especially those companies with a notable success, which have been able to create a method and process that allows them to implement a "KNOW HOW", and which in turn can transmit it to other investors. It is from this strengthening of the know-how and a use of the brand that originates in Europe and the United States, a type of contract called a Franchise contract, a contract that deals with this degree work, and especially the lack of autonomous legal that in our country Colombia is presented. But since the time of Emperor Justinian, who recognizes the unnamed contracts, which could be a give or a simple act. While it is true, that the franchise contract is nothing other than to organize legally, the franchise business, but because of its atypical nature, named in the context of business activity contracts. Atypical contracts are currently framed within the contracts of private international law, which essentially seek to strengthen free trade, but these contracts, such as franchise, are built with clauses that come more than the custom of merchants and They are not treated by law. This is how we note that, in Colombia, despite the increase and rise of franchises, by the different free trade agreements signed and ratified by Colombia, in our country, it has not yet been legislated on this type of contract, and any situation that must be resolved by the parties, must do so by resorting to rules established for other contracts, on which the legislator has ruled. (Concepts supported by theories set forth by (Arenilla, 2015). In Europe and the United States, the norm of the franchise agreement, not only remains in the commercial will or custom of the parties involved, in a code of ethics or in the principle of good faith, but it transcends and there is a law that regulates them more expressly. What we can show is that in Colombia it is necessary for the legislator to issue laws that regulate the franchise agreement, to protect all those small entrepreneurs and entrepreneurs, who increasingly invest their economic resources in international and national franchises. We can conclude that the franchise agreement, because it is not described in a legal type, is not specially regulated by the system. In this way its regulation is essential to avoid contractual confrontations, whether or not to be part of this figure of the franchise in Colombia.