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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Attorneys Ludwig & Van Dam look back on transition process C1000
Attorneys Ludwig & Van Dam look back on transition process C1000
Interview Mr. AW Dolphijn and mr. J. Sterk on transition process C1000
Interview Mr. AW Dolphijn and mr. J. Sterk on transition process C1000
Mitigation fine of franchise agreement at supermarket
On 22 April 2015, the East Brabant District Court ruled on a dispute between a franchisee and a franchisor (Emté Franchise BV).
Arbitration clause applicable to franchise agreement? Maybe not
An arbitration clause is occasionally found in franchise agreements.
(Directors’ and shareholders’) liability in the event of transfer or phasing out the franchise formula
(Directors' and shareholders') liability in the event of transfer or phasing out the franchise formula
Directors’ liability in the event of an incorrect forecast
On 4 February 2015, the Rotterdam District Court rendered a judgment on, among other things, the question of whether the director of a selling legal entity was liable.