Umfang und Inhalt der vorvertraglichen Aufklärungspflicht des Franchisegebers

This study examines a franchisor’s pre-contractual duty of disclosure with a special focus on financial forecasts and location analysis. In particular, it raises the question of whether these specific aspects are part of mandatory pre-contractual disclosure under German franchise law. German law has not directly addressed this specific question—neither by means of codified law nor through precedents from the German Federal Court of Justice (Bundesgerichtshof). Thus, some degree of uncertainty prevails, although the topic is well known to German courts and scholars. This study analyses and contextualises how the question has been addressed so far under German law. In order to explore legal solutions developed in other legal systems, the author undertook extensive comparative research into French and English franchise law. This thesis will be of particular interest to legal practitioners, researchers and courts who have to deal with cases of pre-contractual disclosure in franchise contracts.