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Research On The Legal Application Of Sports Sponsorship Contract

Posted on:2021-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:J N GuoFull Text:PDF
GTID:2416330602482241Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Sports sponsorship is the extension of general sponsorship in the field of sports.Through the sponsorship of sports events,stadiums and sports players,enterprises can obtain huge commercial effects,and sports sponsorship has become one of the important sources of income for sports organizations.However,as for the new business behavior of sports,which happens frequently and develops continuously,up to now,the civil and commercial legislation of our country has not been involved,and the development and application of sports sponsorship are still in a state of extensive disorder and can't be relied on.Only some department rules and regulations stipulate the affairs that can and can't be sponsored.For sports sponsorship contract,there is also a lack of in-depth study and unified understanding.In recent years,there have been many disputes in the practice of sports sponsorship contract in China,such as the contract disputes between Nike and Zheng Zhi,the contract disputes between qianrui and Xu Shilin,which lack sufficient legal basis for adjustment and regulation.Based on this,the core issue of this paper is the legal application of sports sponsorship contract,which is to explore the legal nature of sports sponsorship contract with the help of judicial documents,and to study the special terms and general legal application of sports sponsorship contract.Around this issue,in addition to the introduction and conclusion,this paper has four chapters.The first chapter is a systematic overview of the concept of sports sponsorship contract.By analyzing a series of concepts related to sponsorship,sports sponsorship and sports sponsorship contract,this paper clarifies the specific forms of sports sponsorship and the specific concepts of sports sponsorship contract.The sports sponsorship contract refers to the agreement that the sponsor provides sponsorship to the sponsor in the form of materialized sponsorship,including money,goods or services,and stipulates the rights and obligations of both partiesThe second chapter mainly studies the legal nature of sports sponsorship contract.Starting from different theoretical points of view of the nature of sports sponsorship contract,this paper analyzes the claims and defects of the theory of sales contract,advertising contract and gift contract.The court's judgment on the legal nature is not uniform.At the same time,this paper analyzes the characteristics,nature and attributes of sports sponsorship contract,and points out that it has sufficient realistic basis and practical needs to define sports sponsorship contract as an independent famous contract.The third chapter focuses on the understanding and application of the special terms of sports sponsorship contract.On the basis of the analysis of its function and necessity,the article points out that there are some defects in moral terms,such as vague scope and lack of retroactivity.It is necessary to set up a balanced and clear recovery clause in moral terms.As for the exclusive rights clause,it should have two aspects:positive content refers to the rights that can be fully enjoyed and exercised within the scope of permission,while negative content refers to the rights that can require non sponsors not to act.As for the protection clause of ambush marketing,it needs to be set from the aspects of environment control,athlete control,broadcast control,audience control,etc.The fourth chapter focuses on the application of the general laws of sports sponsorship contract.In addition to the special provisions,sports sponsorship contract also involves the general legal issues of collateral obligations and limitation of action.In view of the existence of a large number of collateral obligations in sports sponsorship contracts,it is necessary to affirm the right to terminate the contract when the breach of collateral obligations results in the loss of trust relationship.For the determination of the starting time of limitation of action,the limitation of action for each payment of sponsorship contract shall be calculated separately.
Keywords/Search Tags:sports sponsorship contract, legal nature, application of law, contract terms
PDF Full Text Request
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