Research On The Right Of Arbitrarily Rescission In Entrustment Contract

The article 410 of China’s "Contract Law" stipulates the right to arbitrarily cancel the entrustment contract,and both parties to the contract can exercise the right to terminate the entrustment contract.However,the current law does not impose any restrictions on the exercise of the right to arbitrarily cancel the entrustment contract,so that in practice,there is a situation in which one party to the contract abuses its rights,resulting in serious unequal legal rights of the parties.If the entrustment contract is arbitrarily lifted,the legal effect produced shall involve the issue of the right to claim for compensation and the scope of compensation for reparation.Until the scope of reparation after the arbitrarily dismissal of the entrustment contract is concerned,the legal provisions are not clear enough.Whether the scope should include the expected benefits or limited to direct losses is still a problem to be solved in practice.There are many disputes in the theoretical circle on the restrictions on the exercise of the arbitrarily rescission of the entrustment contract,the intentional restrictions,and the scope of compensation after arbitrarily dismissed.In practice,the people’s courts also have inconsistent judgments on the contract dispute cases.Based on the research results of scholars,this paper attempts to analyze the problems related to the arbitrary rescission of entrustment contracts through the methods of legal hermeneutics and comparative analysis,combined with practical operational norms,in order to solve some of the theoretical and practical issues.Controversial issues.In addition to the introduction and conclusion,the article consists of four parts.The first part sorts out the legislative status of the arbitrary rescission of the entrustment contract,and points out the problem of the existence of arbitrary rescission rights.The root cause of the controversy in the theoretical circle and the inconsistency in the practice of the practice sector is that the relevant legislation on the arbitrarily rescission of the entrustment contract is not perfect.The current law gives the parties to the entrustment contract the right to arbitrarily dismiss,but does not impose appropriate restrictions on the exercise of the right,and does not stipulate whether the intended restriction of the arbitrary rescission right has legal effect,and does not clarify the compensation after the arbitrarily canceled the entrustment contract.range.The second part mainly discusses the exercise restrictions of the arbitrary cancellation right of the entrustment contract.The exercise of rights shall be subject to the scope of application,time limit and manner of exercise.Specifically,for a paid contract and a non-reimbursable contract,the extent to which the party exercises the right to arbitrarily cancel the contract shall be different;during the performance of the commission contract,if the party claims the right of arbitrary arbitrage,at least until the completion of the entrustment;and the arbitrarily The way is not arbitrary,and it must be done in an explicit manner if necessary.The main content of the third part is the analysis of the effectiveness of the arbitrary restriction of the entrustment contract.The parties to the contract shall,by agreement,impose certain restrictions on the exercise of the right to arbitrarily or directly exclude the application.Whether the agreement has legal effect shall be determined separately according to different situations.Usually,based on the autonomy of the parties,the intentional limitation of the arbitrarily rescission of the entrustment contract shall be valid for the unpaid contract,and the validity of the contract shall be recognized in principle,except for the principle of fairness or fairness.The fourth part discusses the legal effect after the arbitrarily lifting of the commission contract.After the commission contract is arbitrarily lifted,one party may request compensation or compensation.The scope of compensation after arbitrarily dismissed shall be comprehensively considered from the four aspects of the type of the entrustment contract,the dismissal subject,the reason for dismissal and the degree of performance of the entrusted matter,in order to judge whether the expected benefits are included.In short,the loss compensation for a non-reimbursable contract is limited to direct loss,and the loss compensation for a paid contract must be judged according to different situations.Therefore,it is not appropriate to directly exclude the expected benefits from the scope of compensation.