O dever de informação no contrato de franquia à luz da análise econômica do direito

Abstract

This study was performed through the analysis of legislation, doctrine and jurisprudence regards the franchise agreement, seeking an overhaul of the institute from the perspective of modern Brazilian Commercial Law and the Brazilian Economy. After the introduction to data from the Brazilian Franchising Association which states that the institute grows every year more, the development of this study begins with the presentation of the franchise agreement, legal status, classification and other peculiarities. Continuing, we study the objective good faith and the duties and rights of the franchisee and franchisor, as well as Law N°. 8.955 of December 15, 1994 in detail, especially about the franchise offering circular and the duty to inform. Finally, the problems faced between the players taking part in the legal relationship as a result of information asymmetry and how the franchise agreement may help in the regulation of reducing such asymmetry, and conclusions are analyzed.