体育赞助与《合同法》

Sports Sponsor and Bargain Law in China

采用文献资料法、调查访问法等研究方法,从经济学、法学的角度阐述了体育赞助的特征:(1)自主决策性;(2)商业性、公益性与有偿性;(3)非所有权转移、依附性;(4)宏观上的非完全等价交换性、风险性。依据特征论述了体育赞助相关法规的不足:体育赞助合同不适用于《合同法》中的买卖和赠与合同条款,只适用于总则,但总则不能为解决体育赞助中的纠纷提供充分的法律依据。还对在《合同法》中补充赞助合同的相关条款提出了建议:(1)补充赞助合同的相关条款应体现鼓励交易的原则;(2)体育赞助合同应遵循双务、有偿合同的法律规则;(3)重点明确第三方过失导致的违约责任。

By literature review, investigation method and other methods, the author first studied the characteristics of sport sponsor. Some legal issues on sports sponsor in China such as the self-determination participation in sport sponsor, the difference between sport sponsor and trade, the difference between sport sponsor and contribute, the mercantile and commonweal properties of sport sponsor were discussed in this article. Then the conclusion that some articles on the bargain law should not be applied to sports sponsor was concluded. Finally the author suggested that the articles on sponsor bargain should including bargain law supplement and some suggestions were proposed as well. For instance, the articles on sponsor bargain should cover the principles of encouraging transaction, fair and regulating the third part's obligation of breach of contract.