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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Obligation to sell back at the end of the franchise agreement

Franchise agreements sometimes provide that the franchisee is required to sell back purchased assets at the end of the franchise agreement.

Position of franchisees in franchisor restructuring

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Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal of burden of proof in forecasts approved by court” – February 2018

The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+. Alex Dolphijn of Ludwig & Van Dam assists a franchisee in a

By Ludwig en van Dam|01-02-2018|Categories: Dispute settlement, Forecasting issues, Franchise Agreements, Statements & current affairs|Tags: , , |

Article Franchise & Law No. 7 – Franchise agreement as general terms and conditions

Uniformity of the franchise formula and (therefore also) uniformity of the agreements with the franchisees will often be of great importance to the franchisor.

By Alex Dolphijn|01-02-2018|Categories: Dispute settlement, Franchise Agreements, Statements & current affairs|Tags: , |

The franchisee’s customer base

If the partnership between a franchisee and a franchisor ends, the question of who will continue to serve the customers may arise.

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