On Entrustment Contract

Contract Law has been enforced in 1999, it means that the entrustment contract becomes formal contract to regulate reality. With the development of economy and the prosperity of commerce, the entrustment contract, which is the typical contract to manage affairs for others, has been used widely. However, the Contract Law is not perfect in the theory and meets difficulties in the judicature and gains bad fruits sometimes. So, it is necessary and meaningful to built up the entrustment contract overall when the civil code will be made.There are three parts in this paper and specific contents are as follows:The first part is fundamental thoeries of entrustment contract. In this part, the historical development of the contract is first discussed, followed by the concept and characteristics. Then this part still contrasts entrustment contract with employment contract, contract for work and trust contract. Finally, it discusses legal validity of entrustment contract, which means the rights and obligations of the parties, and termination of this contract.The second part is the analysis of different legislations with the comparative method. The part mainly explores the legislations about entrustment contract of Civil law system and Anglo-American law system. In the countries of civil law system, legislations about entrustment contract of France, Germany, Italy, Japan and Taiwan District are the objects of research. Through the research, the differences among legislations can be found. Then I study the following questions, one is if the contract is free or not, the other is the difference between entrustment contract and agency.The third part is the legal analysis of entrustment contract in Mainland China. This part discusses the situation and problems of judicature about entrustment contract. The problem is mainly about the discretionary right of termination. In order to equalize benefit of the parties, it is necessary to impose restrictions on discretionary right of termination. This part still introduces the situation and characters of legislation about entrustment contract, then puts forward advices to perfect the legislation of entrustment contract in China.