The Non-breach Termination Right Of The Talent Agency Contract

Talent agency contract is not a typical contract stipulated in the contract law and there is no definition of talent agency contract in law.In practice,talent agency contract is usually used as a mixed contract to deny arts' right to terminate arbitrarily.When the behavior of the agency does not constitute a fundamental breach of contract,the art asks to terminate the contract,and the agency asks to continue to perform.Therefore,it is necessary to study the rescission of the talent agency contract.This paper is divided into four parts:First part compares and analyzes two typical cases of the termination of the talent agency contract.And put forwards three points of contention,such as the nature of the talent agency contract,the right of arbitrary rescission and the feasibility of entertainers to cancel the contract when the agency didn't default.The second part discusses when the agency's behavior does not constitute a fundamental breach,the entertainers ask to terminate the contract,the contract reached an impasse.In that case,the court usually rule to terminate the contract.In the academic circles,many scholars called this the "the termination right of default party ",but I think "the judicial discretion to remove" is more appropriate.However,the judicatory decision to terminate the contract brings many problems while temporarily resolving the deadlock,and the judicatory practice only denies the right toarbitrarily terminate the contract based on the characteristics of the mixed contract of performing arts brokers,which is not sufficient.In the third part,based on the analysis of the choice that the court in deciding terminate the talent agency contract and the basis of theory to set up the right of arbitrary rescission,I think talent agency contract shall be governed by the "contract law" the 410 th.Article 37 of the labor contract law can be applied to the talent agency contract which constituting the labor contract.The entertainer shall have the right to terminate the contract without notice if the contract lasts for more than 7 years.The fourth part firstly analyzes the application conditions of article 26 in the interpretation of contract law(ii)and the problems that usually occur in the performance of talent agency contracts.Secondly,analyzed the termination rules of continuing contract in Germany.Finally analyzes the continuing contract major reason and the application of the changed circumstances may appear cross,and give a solution to solve the problem.