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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Not a franchise agreement, but a general cooperation agreement
The Franchise Act offers franchisees various protective provisions. Earlier, the ...
Albert Heijn has to divest 5 Jan Linders stores
Jan Linders becomes an Albert Heijn franchisee and will therefore ...
Agreed early termination of the franchise agreement
A franchise agreement is usually concluded for a specific period ...
No obligation to use a rental property as a supermarket
The Arnhem-Leeuwarden Court of Appeal has made a decision on ...
Rent indexation unrealistically high
Does an agreed rent indexation always apply? The District Court ...
Clarity pays off
Clarity pays off Many agreements sometimes use vague definitions ...