The Legal Nature Of Sports Sponsorship Contract Based On Judicial Precedent

With the development of sports industry in China,the commercialization process of sports is accelerated.As an important part of sports industry,sports sponsorship plays an important role in promoting the development of sports industry.Sponsorship contract is sponsored by sponsoring sports to the sponsored,thereby,to get their product or brand to be associated with intangible assets to sponsor rights agreement.At present,in the practice of sports sponsorship,around the sports sponsorship contract to produce a series of disputes,for example,the performance of the sports sponsorship contract can't be realized,third-party infringement sponsor rights and interests infringed parties loss cannot be measured and related problems.In the court of the case of the case of sports sponsorship contract dispute,the sports sponsorship contract is not clear,the problem is not unified,causing the parties to be dissatisfied with the result of the referee.Through reviewing the legal provisions applicable to sports sponsorship contract disputes,the relevant statistics and judgments on disputes,the related concepts and legal attributes of sports sponsorship contracts are discussed and clear definitions are defined,and the legal nature of sports sponsorship contracts is clearly defined.Efforts have been made to circumvent disputes over sports sponsorship contracts.The research content of legal nature of sports sponsorship contract can be divided into five aspects:1.The concept of sports sponsorship and related research on sports sponsorship contracts.Through the analysis of the previous research,the current sports sponsorship contract field research is summarized.To understand the scope and depth of current sports sponsorship contracts and the existing problems.2.To sort out the legal provisions currently applicable to disputes in China's sports sponsorship contract,to clarify that under China's current legal system,there are not enough legal provisions to resolve sports sponsorship contract disputes,and only relevant provisions of the General Contract Law can be applied.3.Statistical analysis of the judicial precedent of the current sports sponsorship contract dispute in China.Analyze the representative cases.Clearly the court's judicial practice,the problems existing in the sports sponsorship contract dispute,as well as the qualitative for court to judge the sports sponsorship contract:legal atypical,but typical of the social contract.Through the analysis of the characteristics of the sports sponsorship contract disputes,different theories and the analysis of the properties of the sports sponsorship contract,the legal nature of the sports sponsorship contract is known,the legal atypical,but the typical contract in the society,and the nature of the mixed contract.4.Through the clarification of the legal nature of the sports sponsorship contract,the analysis of the characteristics of the sports sponsorship contract and the combing of different scholars' viewpoints on the sports sponsorship contract,it is found that the special legislation of the sports sponsorship contract has no practical significance,and the special legislation is difficult.5.Through analysis of other countries' ways of avoiding disputes over sports sponsorship contract disputes,the best way to resolve the current disputes over sports sponsorship contracts in China is as follows:When signing an agreement,the parties should pay attention to the production and review of contracts.Particular emphasis is placed on:the ethical terms,exclusive terms,invisible marketing terms,appearance terms,details of violation clauses.