The (hard) franchise agreement and duty of care qualified – WPNR 7226 (2019)
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: //bit.ly/2GLhs9b
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
Forecast: developments franchisees
The court in Arnhem has recently again ruled on so-called 'prognosis problems'.
Webshops by the franchisor: like it or not?
Today, more and more franchisors are realizing that, in addition to the distribution channel that the franchisees form
Failing to cooperate in checking hygiene requirements of the franchisee
The court in Amsterdam recently ruled in a case where a franchisee did not meet all hygiene requirements.
‘If the employee starts franchising…’. The employer’s duty of care as a franchisor
It will not be easy to assume that a 'normal' employee has given up his employment contract. However, what...
Sale of rental rights supermarket location not allowed
Recently, the Court of Appeal in The Hague has ruled that supermarket organizations have to switch locations for the penny.
Market and location research: more important than you think
Time and time again, the law practice offers a variety of special situations, which with some regularity contribute to the situation at hand.