The Franchise Association and Franchise Binding – Contracting 2019, No. 1

In the leading legal scientific journal Contracting, Mr. Dolphijn wrote a contribution about common provisions in franchise agreements that stipulate that a franchisee must be a member of a franchisees’ association.
In this contribution, Mr. Dolphijn responds to the question of whether a franchisee is bound by agreements that the franchisees’ association makes with the franchisor. He concludes that this is not necessarily the case. Rules are included in the preliminary draft legislation on franchise whereby the franchisor requires the prior consent of a two-thirds majority of the represented body of the franchisees when implementing changes. How does this relate to, for example, association law?

The article can be ordered from the publisher via the following link: https: //bit.ly/2UYCZii

mr.  AW Dolphijn – franchise lawyer

Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl

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Ludwig & Van Dam in De Nationale Franchisegids 2018

The basis of a franchise relationship is the franchise agreement. This contains a number of conditions that the parties must comply with.

Ludwig & Van Dam Advocaten exhibitor (no. 2) at the franchise fair Onderneem ‘t! dated 19 & 20 April 2018

For more information click on the link below:

Alex Dolphijn of Ludwig & Van Dam Advocaten will present “Onderneem ‘t!” on April 19, 2018 at the franchise fair. a seminar on: “Improving the legal position of franchisees? About trends and developments in legislation and regulations.”

For more information click on the link below.

Duty of care franchisor in the pre-contractual phase

The District Court of Limburg ruled on 6 April 2017, ECLI:NL:RBLIM:2016:2843, that the franchisor has a duty of care towards the prospective franchisee in the pre-contractual phase.

Franchisee avoids joint and several liability in private

In a judgment of 28 March 2018, ECLI:NL:RBROT:2018:2913, the District Court of Rotterdam ruled on the meaning of the clause in the franchise agreement stipulating that

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