In today's era when traffic is king, many parents dream that their children can become Internet celebrities, so as to pave a road of stars for their children. However, a mother spent 1.3 million yuan to help her daughter become an Internet celebrity, and 2 years have passed, and her daughter has only released 30**, and the return on investment is not satisfactory. The mother asked the other party to return 800,000, how does the law judge this request?This article will analyze the relevant legal knowledge.
1. The legal nature of the influencer economy.
The influencer economy still belongs to the category of economic behavior in essence, and it is a commercial behavior for the purpose of profit. It is also in line with the three characteristics of economic behavior, that is, profit-oriented, business-oriented behavior, and behavior of commercial entities. Therefore, it is also subject to all codes of conduct and laws and regulations governing economic conduct. At the same time, from a legal point of view, the influencer economy must also comply with relevant laws and regulations. For example, influencers must comply with relevant laws and regulations such as the Anti-Unfair Competition Law and the Advertising Law when conducting business activitiesWhen it comes to the protection of consumer rights and interests, it must comply with relevant laws and regulations such as consumer rights protection.
2. Analysis of the legal relationship of investing in Internet celebrities.
1.The contractual relationship between the investor and the influencer.
A contract is usually signed between the investor and the influencer, specifying the investment amount, investment purpose, investment period and other relevant matters. In this case, a contractual legal relationship is formed between the parties. If the investment fails, the investor shall make a judgment in accordance with the contract and legal provisions if the investor requests to return the investment money.
2.The legal relationship between the investor and the influencer brokerage company.
In some cases, investors enter into a contract with an influencer brokerage firm that is responsible for cultivating influencers and promising investors a certain return on investment. If the investment fails, the investor can request the brokerage company to bear the liability for breach of contract and return the investment money.
3. The legal judgment requires the return of 800,000 yuan.
1.The principle of priority of contractual agreement.
When judging whether the woman's request for the return of 800,000 yuan is legal, the content of the contract signed by both parties should be reviewed first. If there is an agreement in the contract on the return of the investment money in the event of investment failure, it shall be executed in accordance with the contract.
2.Principle of statutory liability.
In the case that the contract is unclear or non-existent, according to the provisions of China's Contract Law, the investor may require the Internet celebrity or brokerage company to bear statutory liability. The specific liability can be judged according to the actual situation and with reference to the relevant provisions of the Contract Law on liability for breach of contract and tort liability.
3.The principle of fairness.
The principle of fairness also needs to be taken into account when dealing with such disputes. If the investor is not at fault in the investment process, and the influencer or brokerage company fails to perform its obligations as agreed, then it should be inclined to protect the legitimate rights and interests of the investor and support its request for the return of the investment money.
To sum up, in the case of a failed investment in an Internet celebrity, the mother's legal requirement to return 800,000 yuan needs to be judged in combination with the contractual agreement, statutory responsibility and the principle of fairness. The specific outcome shall be determined based on the facts of the specific case and the provisions of the law. Investors are reminded that investing in influencers is risky, and it is important to fully understand the relevant laws and regulations and make prudent decisions before investing.