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
Core obligations in the franchise relationship II
This is the second article in a short series on some core obligations in the relationship between franchisor and franchisee and how to handle them.
Core obligations in the franchise relationship
This is the first article in a short series on some core obligations in the relationship between franchisor and franchisee and how to deal with them.
Franchise Law
Franchise Law
Reducing the risk of fictitious employment
Recently, the new Minister of Social Affairs, De Geus, made the choice that he wants to put an end once and for all to the discussion whether there is self-employment or a
Bound by non-compete clause after expiration of the
The vast majority of franchise agreements contain a so-called post-contractual non-compete clause (hereinafter referred to as “non-competition clause” for brevity).
Severance schemes in the event of (premature) termination of the
Retirement schemes Franchise agreements and comparable cooperation agreements regularly include a regulation to the effect that the rights under that agreement