Research On The Problem Of Arbitrary Cancellation Of Contract

Article 410 of China’s "Contract Law" directly stipulates that the principal or trustee may cancel the entrustment contract at any time.This clause gives the principal and the trustee full subjective freedom,and directly gives the contracting parties the right to terminate the absolute meaning of the contract,that is,the right to arbitrarily cancel without any conditions or time limit.However,with the rapid development of China’s economy and society,the commission contract has become an important way of economic production and social life.As the economic activities are characterized by diversification and refinement,the form of the entrusted contract gradually evolves into diversification and individualization.The content is more refined and complicated,and it is no longer the initial simple "trust" nature.In the process of applying for and exercising the right to arbitrarily dismiss the entrustment contract,various problems that need to be resolved continue to emerge.For example,there has been no effective distinction between unpaid contracts and paid contracts,and there is disagreement on the waiver of arbitrary cancellation.The scope of compensation after the contract is terminated is not clear.In addition,the law does not have a systematic,complete and detailed regulation on the right to arbitrarily.Scholars have many questions and disputes about these issues,and opinions are not the same.In order to further improve the civil law system,guarantee the real power of the arbitrarily rescission of the entrustment contract,and strive to effectively protect the rights of the parties to the entrustment contract and ensure the fulfillment of the obligations,the author exercises the problems and reasonable reasons from the three modules through the arbitrary rescission of the entrustment contract.Sexual discussion,put forward the consideration of the restriction of exercising the right to arbitrarily,and discuss some issues concerning the settlement of the waiver of the right to arbitrarily rescinct,the solution to the scope of compensation,and the rescue measures.First of all,it points out the problem of the actual arbitrary cancellation of the entrustment contract.First,the law does not distinguish between the types of entrusted contracts,especially the difference between unpaid and paid entrusted contracts.Whether there is any right of rescission in any way,whether the right to rescind the contract can be applied in any way,whether the right to arbitrarily dismiss the arbitrarily dismissal right in any way;the second is whether the arbitrarily rescission right can be excluded by the parties,and whether the exercise of the right should be subject to There are still controversies about restrictions and how to limit them.Third,after the exercise of arbitrary rescission rights,whether the damages include expected benefits,the scope of compensation is still unclear.Secondly,this paper makes a research and analysis on the characterization of arbitrary discharge of the entrustment contract,and explores the historical characterization and property decomposition of arbitrary discharge of the entrustment contract from the perspective of the systematic legal sources and the analysis of the nature of decomposition.The earliest origin of the entrustment contract has the characteristics of gratuitous,and there is no need for conditions and time limit.From the point of view of civil contract,the arbitrary discharge of the rights of the entrustment contract is an arbitrary norm and a supplement to the legal rights.It belongs to a formative law,breaks through the legal relations between the two parties,and has the characteristics of unilateralism.The arbitrary discharge of the entrustment contract pursues the value of freedom and efficiency,and influences the principle of strict compliance with the contract to jointly promote the performance of the contract.In the light of the relevant provisions of various countries and the Taiwan region of China on the system of arbitrary discharge of entrustment contracts,Germany has granted absolute meaning to the principal,and France,Japan,and Italy have given both parties arbitrary discharge rights.To varying degrees,the exercise of the right of arbitrary discharge is restricted.Finally,some thoughts and responses were made to the standard exercise of the arbitrarily rescission of the entrustment contract.The author believes that the right to arbitrarily cancel the entrustment contract should consider the definition of the purpose limit,distinguish the type of contract,and impose the necessary restrictions and restrictions on the subject of exercise and the conditions of exercise for the right to arbitrarily cancel the contract of the contract.Under different circumstances,it is agreed to give up the effects of arbitrary rescission rights and the scope of compensation under different circumstances,and make some corresponding reflections and discussions.