“Franchise Agreements”: by Pierre Demolin and Véronique Demolin

The legal rules applicable to Belgian franchise contracts. Analysis and commentary on fifteen years of case law 1995 – 2010.

Larcier Editions – Collection: Records from the Journal of the Courts – 1st Edition 2011

This book analyzes decisions taken by the courts during the last fifteen years in connection with disputes between franchisors and franchisees. The authors trace the non-statutory (i.e. judge made) rules that are applicable to franchise agreements.

Franchising in Belgium is not regulated by any specific statutory law other than the law of 19 December 2005 (on Pre-Contractual Information regarding Agreements to Form a Commercial Business Relationship) which is, however, of general application to the formation of commercial business relationships and which (as the title implies) is only applicable to the phase prior to contract signature. It is therefore essential to know how the courts analyze the franchise contracts that are litigated before them.

The books purpose is to inform practitioners about the judge made rules on franchise contracts based on the Belgian courts’ interpretation of the principle of contractual freedom. The study is divided into eighteen chapters that address topics often encountered in connection with the negotiation, execution and breaches of a franchise agreement, including: the definition of what a franchise agreement is, the differences between a franchise agreement and contracts of employment, lease contracts, concession or agency agreements; the obligation to fully inform the franchisee in compliance with the law of 19 December 2005; the duty to assist the franchisor; the development and adaptation of the franchise network; breach of contract and damages resulting therefrom. Each case cited is analyzed and annotated so that the appropriate lessons can be drawn.

The book is intended to be of practical assistance to the practitioner and it contains an index; a list of cases cited, with reference to the paragraphs in which a case is mentioned; a table of contents.

The information included in this Newsletter is intended for guidance purposes only and should not be regarded as a substitute for taking proper legal advice.

 

Author: Pierre Demolin and Veronique Demolin at Demolin Brulard Barthelemy, Brussels

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