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.
Other messages
Tenancy law and franchise: approval of deviating terms in the tenancy agreement, despite material infringement and the lack of an equal social position between the tenant and landlord
Tenancy law and franchise: approval of deviating clauses in the lease.
Business transfer franchisee: franchisor properly facilitates franchisee in settlement
On November 12, 2014, the District Court of Rotterdam ruled in a case between the franchisor and the franchisee about the lawfulness of the termination of the franchise agreement.
Franchising as urgent personal use
In a judgment dated 18 November 2014, the Court of Appeal in Den Bosch considered, among other things, whether a lessor may terminate the lease of business premises due to urgent personal use.
Can exclusion of error in forecasting benefit the franchisor?
Franchisors are often accused of failing before and when concluding a franchise agreement
Mistake about prognosis, annulment of non-compete clause?
Mistake about prognosis, annulment of non-compete clause?
Chapter in book NFV about import and export of franchise formulas, written by mr. Th.R. Ludwig
Chapter in book NFV about import and export of franchise formulas, written by mr. Th.R. Ludwig