Consumer Protection Applies to Franchisee
The consumer enjoys broad protection on the basis of the Civil Code. Although freedom of contract is paramount within general contract law, this freedom is legally limited with regard to the consumer. The reason for this is that the consumer is seen as the relatively weaker party in relation to a business party. In the relationship between franchisor and franchisee, the franchisee is in some cases also seen as the relatively ‘weaker’ party, as a result of which the legal protection of the consumer also applies to the franchisee.
Click here for the entire article.
mr. M. Munnik – franchise lawyer.
Ludwig & Van Dam attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl
Other messages
Price maintenance always leads to nullity?
Under competition law, it is not permitted to include so-called resale price maintenance in franchise agreements
Again turnover-related rent
In an earlier contribution to First Formula (November 10, 2006) about turnover related issues, I asked the question whether unilateral change
Turnover and result: the principle of prudence
In various countries in the world, franchising is subject to increasingly stringent regulations.
How is the (sub)lease agreement concluded?
As is well known, tenancy law is largely subject to (semi) mandatory law.
Advantages and disadvantages of the turnover-related rent
A commonly used construction in franchise relationships is where the franchisee owns the premises in which he operates his business
Recent jurisprudence
Discussion deserves a recent ruling by the Court in preliminary relief proceedings.