摘要
Abstract
Sports event broadcasting contracts usually have a long performance period and a huge amount of money.If external events affect the performance of the contract,the organizer and the broadcaster have different understandings of where the contractual relationship should go out based on different interests consideration,the disputes arising therefrom are not uncommon in domestic and foreign judicial practice.In nature,sports event broadcasting contracts are continuing contracts with uncertain content,encountering unforeseeable risks is the normal situation,and the obstacles to contract performance caused by the realization of risks generally do not reach the extent of full and permanent performance.The scarcity of high-quality sports events has led to the fact that the right to sign and renew contracts in China's sports event broadcasting rights sales market is mostly in the hands of event organizers,and broadcasters usually bear more unforeseen risks.In order to resolve and prevent the resulting disputes,on the one hand,when the dispute occurs in China,it is necessary to properly apply the change of circumstances rule at the level of post-event relief to correct the substantive unfairness in the process of contract performance.On the other hand,Article 533 of the Civil Code sets strict constituent elements for the change of circumstances rule.Therefore,China's sports event organizers and broadcasters need to pay more attention to the formulation of risk allocation clauses at the level of prior clause arrangements.On the basis of balancing the negotiating position of event organizers and broadcasters,event organizers and broadcasters can find appropriate risk thresholds by formulating"material adverse change clauses"(MAC clauses),and reasonably allocate risks that cannot be foreseen by both parties,so as to achieve a win-win situation for the parties to the contract as much as possible and promote the development of the sports industry.关键词
体育赛事转播合同/风险/情事变更/MAC条款Key words
sports event broadcast contracts/risk/change of circumstances/MAC clause分类
社会科学
