The (hard) franchise agreement and duty of care qualified – WPNR 7226 (2019)
In the leading legal scientific journal WPNR, Mr. Dolphijn wrote a contribution in which it is suggested to limit the definition of the franchise agreement to that of the hard franchise agreement and it is examined whether a direct legal basis can be found for the franchisor’s duty of care.
The Cabinet intends to include a legal regulation on franchising in the Civil Code to protect the weak position of the franchisee. Embedding a legal regulation on franchising is a difficult task because franchise agreements come in all kinds of forms and in great diversity, which means that a definition of franchise agreements will soon be too general. Among other things, it examines which elements characterize franchise agreements and the qualification as right of use, more specifically elements of service and the mixed nature of those elements.
The article is entitled “The (hard) franchise agreement and duty of care qualified” published in WPNR 7226 (2019) dated 16 February 2019 on p. 100 to 108 and can be ordered from the publisher via the following link: https: //bit.ly/2GLhs9b
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl
Other messages
Litigation as a franchisees association.
The Eye Wish Opticiens franchisees have recently filed opposition to ...
Between the franchisor’s diagnosis and forecasting duty
In the leading legal scientific journal WPNR, Mr. Dolphijn a ...
Franchise+ article: “Violation of a non-compete clause will cost the franchisee dearly.” – mr. C. Damen – September 23, 2021
The fact that the violation of a non-compete clause included ...
Article De Nationale Franchise Gids: “Unjustified cancellation by the franchisor: settle the bill.” – mr. C. Damen – dated September 20, 2021
The preliminary relief judge in Rotterdam recently ruled that the ...
Interview Mr. AW Doplphijn in Distrifood: “Legal consequences of merger Plus-Coop for entrepreneurs.” – dated September 12, 2021
"Dolphin hereby cites a theory that is also alive among ...
Supermarket Newsletter – No. 32 –
Supermarkets COOP and PLUS merge The intended merger will mean ...