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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Forecasts not achieved: franchisor liable. Remarkable?
The court recently rendered judgment between a franchisor and one of its franchisees.
Mistake and Void Franchise Agreement Based on False Forecast – Tort
On January 15, 2014, the District Court of the Northern Netherlands rendered an interesting judgment between Lilly's Ice Cream & Chocolate as franchisor and one of its franchisees.
Franchise contract not signed? Still bound…
Franchise contract not signed? Still bound...
Legal split at franchise and the bankruptcy pauliana
The Supreme Court recently made interesting rulings (ECLI:NL:HR:2013:2122 and ECLI:NL:HR:2013:2133 ) in a matter of legal unbundling, which is also important for the franchise practice.
The exclusive purchase clause before the court, competition
By judgment in summary proceedings of 26 November 2013, the preliminary relief judge of the District Court of Rotterdam
Services towards a new franchise model
Services towards a new franchise model