Franchise & Law No. 5 – Acquisition Fraud and Franchising Act
The Acquisition Fraud Act came into effect on 1 July 2016. This includes amendments to Section 6:194 of the Dutch Civil Code. In short, the amendment means that if there is misrepresentation when offering goods or services in business relationships, this will result in an unlawful act. This implies that the Acquisition Fraud Act also applies in the pre-contractual phase of entering into a franchise agreement.
In this contribution, the civil law aspects of the Acquisition Fraud Act and the pre-contractual phase in entering into franchise agreements will be examined in more detail, in particular the reversal of the burden of proof.
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Franchisor wrongly hinders internet sales by franchisee – dated September 19, 2018 – mr. AW Dolphin
Franchisor wrongly hinders internet sales by franchisee
If your franchisor is your competitor
Franchising aims at cooperation. The franchisor should assist the franchisee in achieving mutual benefit from the operation of the formula. Sometimes this gets out of balance.
Preferential right of purchase in lease does not apply – September 7, 2018 – mr. AW Dolphin
Preferential right of purchase in a rental agreement does not apply
mr. Dolphijn writes chapter Franchising in Leidraad voor de Accountant
mr. Dolphijn writes chapter Franchising in Leidraad voor de Accountant
Distrifood: Ludwig & Van Dam Advocaten assists Emté franchisees in choosing a formula
Distrifood: Ludwig & Van Dam Advocaten assists Emté franchisees in choosing a formula
Transfer of business with ‘preferred supplier’ of franchisees
On 13 June 2017, the Amsterdam Court of Appeal ruled in interlocutory proceedings, ECLI:NL:GHAMS:2017:2144, on the question whether employees of a 'preferred supplier' of the