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
The Real Intentions of the Parties to a Franchise Agreement – Mr. C. Damen – dated November 23, 2020
What really was the idea of the parties when they concluded a franchise agreement?
Circumventing the prohibition of competition in the franchise agreement – mr. AW Dolphijn – dated November 10, 2020
A non-competition clause in a franchise agreement is often experienced as objectionable by franchisees, especially if the non-competition clause also applies after the franchise agreement has expired.
Article Franchise+ – “How do I get rid of my debts: Also for franchisees and franchisors” – mr. AW Dolphijn – dated October 20, 2020
A reorganization may also be necessary for franchisees and franchisors who are in financial difficulties in order to continue to exist.
Article De Nationale Franchise Gids: “Reinvestment obligation for franchisees has limits” – dated October 13, 2020 – mr. RCWL Albers
In practice, it often happens that franchisors choose to renew their franchise formula and the appropriate image
Judge anticipates Franchise Act: no mandatory formula change (without threshold value)
The District Court of Amsterdam ruled that a Blokker franchisee is not obliged to renovate the store in accordance with the latest formula principles, as instructed by Blokker.
Interview Mr. J. Sterk and mr. C. Rutten in Franchise+: “Call to the automotive sector: prepare yourself well for the new Franchise Act” dated October 2, 2020
The new Franchise Act has a broad effect, also in the automotive sector. But are people aware of it enough?