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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Financial contribution to the association of franchisees may not be stopped just like that
Financial contribution to the association of franchisees may not be stopped just like that
Seizure of ex-franchisee by franchisor not automatically permitted
Within a franchise relationship, disputes about money claims are unfortunately the order of the day.
Director’s liability at franchisor?
Director's liability at franchisor?
Interim termination (franchise) agreement
On 3 February last, the 's-Hertogenbosch Court of Appeal ruled in a case that may also be relevant for franchise practice.
Disclosure obligation versus obligation to investigate when purchasing a franchise company, Who bears the risk?
Disclosure obligation versus obligation to investigate when purchasing a franchise company, Who bears the risk?
Termination of a Franchise Agreement
Franchise agreements are usually concluded for a specific period of time.