What is a Personal Dependency Contract

Personal attachment contract, or "intuitu personae" contract, means that in the process of signing and performing a contract, out of trust, respect or reliance on a specific individual, the effectiveness of the contract depends to a certain extent on the existence of the specific individual and participation. In other words, in this type of contract, the requirement for the subject of the contract is not just that he has general capacity for civil conduct, but emphasizes his specific personal conditions, such as his specific skills, knowledge, reputation, experience, etc.

As a concrete example, suppose a company wants to hire a specific designer to design the company's products. The designer was favored by the company because of his unique design style and rich experience. The employment contract signed between the company and the designer is a personal dependency contract. In this contract, the designer is irreplaceable, because what the company needs is the designer's unique design style and experience, not any person with design ability. If the designer cannot perform the contract, then the contract cannot continue to be executed. This is a typical manifestation of personal dependency contracts.

As another example, suppose a singer signs an exclusive contract with a music company. The contract stipulates that the singer exclusively licenses the rights to write and perform his music to the music company, and the music company commits resources to promoting the singer's music. This contract is also a personal attachment contract, because it is based on the recognition of the singer's personal talent and reputation. If the singer cannot continue to write or sing, the contract cannot continue to be enforced.

An important feature of a personal dependency contract is that when the subject of the contract fails to perform its obligations in the contract, the contract cannot be performed by another person, nor can it be enforced. This is because the nature of this kind of contract determines its irreplaceability. This also means that when the subject of the contract fails to perform the contract, the validity of the contract may be affected.

However, the personal dependence contract does not mean that the subject of the contract can terminate the contract at will. According to the provisions of my country's "Contract Law", unless otherwise agreed in the contract or stipulated by law, the subject of the contract cannot unilaterally terminate the contract. This is because, although the personal dependency contract emphasizes the particularity of the contract subject, it does not change the legal nature of the contract, that is, the contract is a legal relationship between two or more parties, and one party cannot unilaterally terminate it.

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転載: blog.csdn.net/i042416/article/details/132133722