Franchise & Law No. 5 – Acquisition Fraud and Franchising Act
The Acquisition Fraud Act came into effect on 1 July 2016. This includes amendments to Section 6:194 of the Dutch Civil Code. In short, the amendment means that if there is misrepresentation when offering goods or services in business relationships, this will result in an unlawful act. This implies that the Acquisition Fraud Act also applies in the pre-contractual phase of entering into a franchise agreement.
In this contribution, the civil law aspects of the Acquisition Fraud Act and the pre-contractual phase in entering into franchise agreements will be examined in more detail, in particular the reversal of the burden of proof.
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Other messages
Goodwill on transfer from a supermarket
A franchisor and a franchisee lay down the agreements they make for their cooperation in a franchise agreement.
The supermarket entrepreneur himself determines the choice formula after acquiring ownership of the property
In the displacement market of supermarkets, those who have access to their own retail premises often determine which formula may be used.
Increase in franchise fee for existing and new franchise contracts
Increase in franchise fee for existing and new franchise contracts
Unlawful termination of dealer agreement
The Court of Appeal in The Hague recently ruled in a case in which an importer and distributor of a car brand had terminated an agreement with one of its dealers.
Jurisdiction of the subdistrict court in cases of misrepresentation
The assessment of disputes about a (sub)lease agreement is assigned by law to the specialist sub-district court, while disputes about a franchise agreement are, in principle, dealt with by the '
It’s right in the shopping street
It's right in the shopping street