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.

Other messages

Termination of franchise agreement in case of changes in leased retail space – September 27, 2019 – mr. AW Dolphin

Termination of a franchise agreement in light of a substantial change in the leased retail space.

Article De Nationale Franchisegids: “Distribution of (potential) customers prohibited?” – September 17, 2019 – mr. AW Dolphin

Within many franchise organizations, agreements are made about the recruitment of (potential) customers in a certain area.

District protection no protection against termination due to urgent own use – dated September 17, 2019 – mr. AW Dolphin

As a landlord, can the franchisor terminate the lease for urgent own use, in the sense of district protection, while this would be excluded on the basis of the franchise agreement.

Unreasonable compensation at the end of the franchise agreement – dated September 17, 2019 – mr. AW Dolphin

Some franchise agreements stipulate that the franchisee always owes the franchisor a minimum of a certain amount of costs upon termination of the franchise agreement.

By Alex Dolphijn|17-09-2019|Categories: Statements & current affairs|Tags: |

Article De Nationale Franchisegids: “Judge again rules in favor of Domino’s franchisees” – dated September 3, 2019 – mr. RCWL Albers

At the beginning of 2018, almost all franchisees of Domino's and the Association of Domino's Pizza Franchisees submitted two issues to the court in Rotterdam.

Go to Top