Research On The Right To Terminate With No Reason Of The Matchmaking Service Contract

The matchmaking service contract is an agreement that the parties establish，change orterminate the rights and obligations in the process of the matchmaking service providerintroducing love object to marriage. As a kind of personal property contract, the trust is thebasis of matchmaking service contract. The parties to the contract should have the right toexit the contractual relationship timely when the trust disappears. However, in the processof terminating the contract, there are barriers to the protection of the interests of themarriage. Since the agreement of the conditions to terminate the contract and the liabilityfor the breach of contract is not clear, the marriages’ requirement of termination of thecontract is difficult to be achieved. Even if the matchmaking service agencies agreed toterminate the contract, how to return the cost of fulfilled service is an question because oflacking of a clear agreement. In addition, due to all records are kept by the matchmakingservice agencies in the stage of performing the contract, it is difficult for marriage to obtainevidence to proof that the matchmaking break the contract. Giving the parties the right toterminate with no reason in a certain condition is practical significance. Because ofdifferent understanding on the nature of the matchmaking service contract, there is disputeon the application of the right to terminate with no reason.In this paper, three research methods are adopted. At first, it is the value analysis method.In this method, the paper analyses the consistency of the value on the existence of the rightto terminate with no reason and the value pursued by the law. The second, it is theinvestigation and analysis method. Basing on the investigations statistics of the realitydisputes in the process of the matchmaking service, this paper summarizes the types andcauses of the dispute and then analyses the significance that the establishment of the rightto terminate with no reason promote the matchmaking services development of integrity. Atlast, it is the logical analysis method. In this method, this paper studies the nature of theright to terminate with no reason and infers the legitimate basis that the right to terminatewith no reason should exist in the matchmaking service contract.By studying,this paper defines the matchmaking service contract as a mixed contractboth the nature of the commission contract with the intermediary contract and analyses thelegitimate basis that the right to terminate with no reason should exist in the matchmakingservice contract. This paper analyses the body of the right to terminate with no reason basedon the classification of paid and unpaid in the matchmaking service contract. In the paidmatchmaking service contract, both the parties should have the right to terminate with noreason. In the unpaid matchmaking service contract,only the marriage should have the rightto terminate with no reason. On the way of the exercise of the right to terminate with no reason, this paper thinks it should be a principle that Taking a combination of notice andjustice to relieve and the automatic relieve should be an exception. On the time of theexercise of the right to terminate with no reason, this paper thinks it should not been limitedso that the value of the right to terminate with no reason can be better reflected. When thematchmaking service contract is arbitrarily canceled, the retroactive effect depends on theagreement of the parties. If the parties have no an agreement, the retroactive effect dependson the corresponding nature of the different parts of contract. If the contract is relieved,there is a question on the return of a matchmaking service fee. If the service is alreadystarted, the membership fees will not be returned. Whether the specific matchmakingservice fee will be returned depend on the corresponding service start or not. When thematchmaking service contract is arbitrarily canceled, the amount of compensation dependson the contract is paid or unpaid and the degree of the fault of the parties. At last, when thematchmaking service contract is arbitrarily canceled, the information of the marriageshould be eliminated by the marriage or the matchmaking service side, so that the securityof the marriage can be protected.