專屬契約의 法理

• 영문명: Legal theories on Exclusive Contract
• 발행기관: 한국민사법학회
• 저자명: 사동천(Dong-Cheon, Sha)
• 간행물 정보: 『민사법학』제37호, 251~277쪽, 전체 27쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

Exclusive contracts have a essential meaning in that generally restrict the freedom of actors by exclusive agreement. An enterpriser in entertainment industries who intends to invest a great deal of time and money in actors will want to ensure that their investment is protected. This is all business, after all, even when the enterpriser and the actors are the dearest of friends. Many exclusive contracts bind actors in for a certain duration… often times three years or up to five. To some managers(enterprisers), this is good… though if an actors wants to leave for whatever reason, there really is no value in holding them back based on the contract. So many actors have suffered by discovering that their manager has lost their interest, and yet they are bound contractually and cannot migrate to another manager. Anyway exclusive contracts should not restrict from actors an essential thing in their right to pursuit of happiness. managers should opt to use a “30-days-no-fault-out type clause in their contract. This allows a actor to leave the manager, with no questions asked, for any reason with the provision of a written 30-day notice. Exclusive contracts are concluded according to the principle of contract freedom, but it is not belong to one of standard contracts in civil law. They are mixed contracts which have two or three of qualities, in employment contracts (further labor contracts), contracts for work, and contracts of attorney. Exclusive contracts have to apply the rules which are related with the most important quality in their natures. But if they have two or three of the same degree qualities at the same time, exceptionally they must apply the regulations which are related with the qualities of contracts. After an actor had canceled the contract with a party one-sided, and if he is concluded exclusive contracts with a 3rd party after that, the contract which is concluded with the 3rd party will be problem.

목차

Ⅰ. 머리말

Ⅱ. 전속계약의 의의와 유형

Ⅲ. 전속계약의 법적 성질

Ⅳ. 전속계약의 효력에 관한 몇 가지 문제

Ⅴ. 맺는말

키워드

exclusive contract actors-athlete the right to pursuit of happiness contract of employment contract for work contract of attorney mixed contract stipulation