The (hard) franchise agreement and duty of care qualified – WPNR 7226 (2019)

By Published On: 26-02-2019Categories: Franchise Agreements, Statements & current affairsTags:

In the leading legal scientific journal WPNR, Mr. Dolphijn wrote a contribution in which it is suggested to limit the definition of the franchise agreement to that of the hard franchise agreement and it is examined whether a direct legal basis can be found for the franchisor’s duty of care.

The Cabinet intends to include a legal regulation on franchising in the Civil Code to protect the weak position of the franchisee. Embedding a legal regulation on franchising is a difficult task because franchise agreements come in all kinds of forms and in great diversity, which means that a definition of franchise agreements will soon be too general. Among other things, it examines which elements characterize franchise agreements and the qualification as right of use, more specifically elements of service and the mixed nature of those elements.

The article is entitled “The (hard) franchise agreement and duty of care qualified” published in WPNR 7226 (2019) dated 16 February 2019 on p. 100 to 108 and can be ordered from the publisher via the following link: https: //

mr. AW Dolphijn – franchise lawyer

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