Study On Right Of Termination With Any Reason Of Performing Brokerage Contract

With the rapid development of the entertainment industry and the prosperity of the performing arts market,there are more and more disputes between artists and brokerage companies based on the market interest game.Among them,the main controversy is that artists whether they have the right to terminate the performing brokerage contracts with any reason.In the face of practical disputes,there is no clear legal provision in our country’s laws,and there are differences in the opinions in judicial practice.Judging from the experience of comparative law,the Taiwanese region advocates the right to terminate the performing brokerage contract with any reason,and there is also a positive trend in Korean law to recognize this right.It is necessary to return to the theory of the right of termination with any reason in performing brokerage contracts,and analyze the rationality of the right of termination with any reason in combination with the characteristics of special purpose,personal specificity,ambiguity of rights and obligations,long-term existence and continuity.The law grants the right to cancel the contract with any reason is pursuing legal value,and it is an "escape"mechanism considering the multiple values of the law.The right of termination with any reason in the performing brokerage contract is concentrated free,fair and efficient.However,the artist has exercised the right of termination with any reason,and how should the interests of the person be protected?To this end,the exercise of the right of termination with any reason requires corresponding rules:in the exercise of the main body,only the artist is allowed to exercise the right;in the exercise time,the long-term contract must be extended after 7 years;It may be notified and form a right of action;in some special cases,it may be supplemented by the application of an injunction system.In addition,the parties are not allowed to abandon the prior special abandonment of the right to arbitrarily.The legal effect of exercising any right of termination should also be clarified in the study.The continuing characteristics of the performing brokerage contract determine that there should be no retroactive effect after the contract is terminated.The compensation problem after the contract is terminated,for the performance brokerage contract,the future performance is changed,and it is difficult to confirm the performance of the loss of interest.Therefore,it is more practical to use the loss of reliance interest as the scope of compensation.