The Right Of Termination Without Any Reason In The Contract For Work

In our country,the study of the right of termination without any reason(hereafter referred to as “the Right”)is rare.The literature about the right is not deep enough,not systematic,and lacks specific case studies.However,Article 268 has many limitations in specific applicatian.For example,whether the hirer should exercise the Right before the hiree completes the work;whether Damages are the necessary requirements of exercising the Right;whether the Right can be excluded by mutual agreement;whether the exercise of the Right has the Retroactive effect;whether the indemnifying obligation of the hirer will be exempted from the absence of subjective fault;whether the exercise of the Right by the hirer will breach the liquidated damages clause;How to deal with the situation when an hirer or an hiree breach the contract before exercising the Right.This article starts with discussing the legal theory behind the exercise of the Right by an hirer.Then concluding that the reason why the Contract Law stipulates the Right is that it takes time for the hiree to fulfill his obligation,and in the process,the hirer may no longer needs the subject matter.When such subject matter is not an interest,but a burden for the hirer,the law specifically gives him the Right to end such non-profit as early as possible,which can not only relief the hirer,but also can avoid the waste of social resources.Second part is about the conditions of exercising the Right.In this part,I thinkthat we should pay attention to three points.First,this article considers that the Right should exercise before the hiree completes his work,which is more reasonable and accord with the legal theory of the Right.However,when the hiree complete some part of the work,the hirer can not terminate the completed part without any reason but can end the uncompleted part.Second,the exercise of the Right in our country should not be based on Damages,because based on Damages,which against legislator’s intention,will increase the complexity of the Right exercising,and will aggravate the difficulty to the Right exercising.Third,the consensual exclusion of the Right is in effect,by either express or implied way.Last part is about the validity of the Right.Because ternimating the the contrat for work does not have retrospective force,and when the hiree has partially completed the work,it becomes difficult to restitutio in integrum,the exercise of the Right will only end the contrat in the future.So when the hirer exrcises the Right,he should compensate the hiree for the damages of erfullungsinteresse.Specifically,the hiree can ask for the remuneration of the completed part.As for the unfinished part,the hiree can ask for the Damages based on Article 113 of the Contract Law.The Damages are the interests the hiree can obtain if he finishs the last part,which are equal to the remuneration of the uncompleted part,as well as the expected benefits when he finishs the work and the extra charges that can be saved if the contract performed normally.But the following parts should be deducted: first,the relevant costs saved by exempted from finishing the last part;second,the benefits gained from seeking other work in the period between the termination of the contract and the original expiration agreed;third,the interests should be obtained but not obtained because of lazy hiree.In addition,if the hiree has any other losses,the hiree can request the hirer to compensate for the losses.All the losses are not limited to the whole remuneration agreed.Taking the balance of two parties’ interests into account,this article considers that the obligation of Damages should not be exempted from losing subjective fault of the hirer.In addition,how to compensate for a loss if one party breaks the contract.It is necessary to distinguish between two situations: First,in the absence of a contractualliability for breach of contract agreed by both parties,the hirer breaks the contract,then he asks for termination.The hiree can ask for compensation based on Article 113 of the Contract Law.In the event that the parties have agreed on the liability for breach of contract,the hirer breaks the contract,then he asks for termination.The hiree can ask for compensation based on their agreement.Second,in the event that the hiree breaks the contract,then the hirer asks for termination,we shall separately calculate the hiree’s responsibility for breach of contract and the hirer’s compensation liability according to the “two parties default”.