Article De Nationale Franchise Gids: “Increasing protection against recruiting franchisees” – dated 2 April 2019 – mr. AW Dolphin
The Acquisition Fraud Act offers injured parties great advantages in demonstrating unlawful conduct. Although the Acquisition Fraud Act is, according to some, intended to provide protection against phantom invoices and telephone sales, the Den Bosch Court of Appeal has now also ruled that the Acquisition Fraud Act also applies to franchising.
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Silent extension
Many franchise agreements contain provisions governing the termination and possible continuation of the existing franchise agreement.
Abuse of bankruptcy law
The right must be used for the purpose for which it was written.
Transfer of the Franchisor’s Business: A Follow-up
In previous contributions in this section, aspects of the transfer of the company have already been discussed
Market and market share
Some notable rulings have recently been made in the field of franchising and competition law
Freedom of contract in franchising
The post-contractual non-compete clause in the franchise agreement is perhaps the most discussed clause in franchising.
The hardness of a non-competition clause in bankruptcy
Most franchise agreements contain post-contract non-competition clauses