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.
![243Foto-franchiseovereenkomst](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/243Foto-franchiseovereenkomst-scaled.jpg)
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Settlement of receivables
Your debtor may be unable to meet his or her payment obligations towards you for various reasons.
Court ruling: fees can co-exist
Court ruling: fees can co-exist
Essential information in the start-up phase withheld by the franchisor compensation for franchisee
Essential information in the start-up phase withheld by the franchisor compensation for franchisee
The franchisee’s position with respect to pre-contractual forecasting
Some time ago, the court ruled that essential information was withheld from a prospective franchisee in the pre-contractual phase.
A recurring problem in operation: Forecasts not achieved
A recurring problem in operation: Forecasts not achieved
Franchisee sentenced to pay fine after violation of non-competition clause
The parties have entered into a franchise agreement which relates to assisting divorces. The franchise agreement is terminated by the franchisee.