The Franchise Association and Franchise Binding – Contracting 2019, No. 1

In the leading legal scientific journal Contracting, Mr. Dolphijn wrote a contribution about common provisions in franchise agreements that stipulate that a franchisee must be a member of a franchisees’ association.
In this contribution, Mr. Dolphijn responds to the question of whether a franchisee is bound by agreements that the franchisees’ association makes with the franchisor. He concludes that this is not necessarily the case. Rules are included in the preliminary draft legislation on franchise whereby the franchisor requires the prior consent of a two-thirds majority of the represented body of the franchisees when implementing changes. How does this relate to, for example, association law?

The article can be ordered from the publisher via the following link: https: //bit.ly/2UYCZii

mr.  AW Dolphijn – franchise lawyer

Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl

Other messages

Franchisor fails by invoking a non-compete clause

Although a non-compete clause is validly formulated in a franchise agreement, a situation may arise that is so diffuse that the franchisor cannot invoke it.

Acquisitions and Franchise Interest

It will not have escaped anyone's attention, certainly in the last year it can only be concluded that the Dutch economy is once again on the rise.

Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal burden of proof in forecasts honored by court”

The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+.

By Ludwig en van Dam|20-12-2017|Categories: Dispute settlement, Forecasting issues, Franchise Agreements, Statements & current affairs|Tags: , , |

Franchisor convicted under the Acquisition Fraud Act

For the first time, a court has ruled, with reference to the Acquisition Fraud Act, that if a franchisee claims that the franchisor has presented an unsatisfactory prognosis

Agreements Related to the Franchise Agreement

On 31 October 2017, the Arnhem-Leeuwarden Court of Appeal issued similar judgments for nineteen franchisees (ECLI:NL:GHARL:2017:9453 through ECLI:NL:GHARL:2017:9472).

Go to Top