Court rules that corona crisis does not constitute force majeure – dated April 10, 2020 – mr. AW Dolphin
If payment cannot be made due to the loss of income, then
there is not always a force majeure situation. The Court of Den Bosch 23
March 2020 (ECLI:NL:RBOBR:2020:1763) ruled that a tenant cannot appeal
to force majeure because of the corona crisis, because from the
commencement of the lease and therefore before the corona crisis
late payment of rent. The backlog was possible with the corona crisis
not be logged in. The lessor claimed the entire arrears,
plus fines for late payment. The court held as follows:
“As far as[gedaagden] intended to appeal with their defence
financial inability or inability to pay, the inability to pay,
no matter how annoying[gedaagden] , in the risk sphere of[gedaagden] is
and not release them from their payment obligations under the
lease agreement[eisers] dismisses. The subdistrict court judge signs this
indicates that it is already too late from the start of the rental agreement
payments through[gedaagden] , while there was no corona at that time
crisis.”
The court rules that the claimed entire rent arrears and fine
will have to be paid.
Perhaps the judgment would have been different if there had been no question at all
was from a late payment prior to the corona crisis and the
payment arrears are wholly and exclusively attributable to the
corona crisis.
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Want
you respond? Go to dolphijn@ludwigvandam.nl
Other messages
Article Mr. C. Damen – “When does the obligation to provide proof apply for the submission of the franchise agreement?” dated August 17, 2020
Does the obligation to produce information apply to showing a (franchise) agreement in proceedings if the parties to the proceedings do not have a legal relationship to the (franchise) agreement?
Article Mr. AW Dolphijn – “How do you value a franchise company with a discharge loan?” – dated August 14, 2020
A discharge loan is a proven means of franchisors to find long-term franchisees.
Article De Nationale Franchise Gids: “Information obligations of the intended franchisee under the Franchise Act” – dated August 7, 2020 – mr. AW Dolphin
Although the purpose of the Franchise Act is to protect franchisees against franchisors, a number of obligations have also been laid down for franchisees.
Legislative text of the Franchise Act – dated July 24, 2020 – mr. AW Dolphin
The legal text of the Franchise Act was published in the Staatsblad on 1 July 2020. The full legal text reads as follows:
Law Franchise – dated July 23, 2020 – mr. AW Dolphin
The Franchise Act will have a considerable impact on both franchisors and franchisees.
Contractual dissolution requirements not observed? No legal dissolution of the franchise agreement – dated July 23, 2020 – mr. C. Damen
Can a franchisor terminate the franchise agreement if it has failed to comply with its own contractual requirements?