The Judicial Research On The Right Of Arbitrary Dissolution Of Entrusted Contract

In China,The system of the right to arbitrarily terminate the entrusted contract in our country gives the parties to the entrusted contract the right to arbitrarily terminate the contract without relying on one party’s breach of contract.At the same time,it is also stipulated that if the party caused losses to the other party due to the termination of the contract,it shall bear the corresponding liability for damages except for matters not attributable to the party.Looking at China’s legislation,the system is mainly stipulated in Article410 of the Contract Law.The content of the clause is simple and broad.The application of the right to arbitrarily terminate the contract,the determination of the validity of the right to exclude the right to arbitrarily terminate,and the scope of damages are not specific Refinement.In addition,the system of arbitrarily rescission of an entrusted contract as an imported product is not perfect in domestic theoretical research and lacks relevant specialized works.On the whole,there are defects such as incomplete legal norms,lack of relevant judicial interpretations,outdated guidance cases,and insufficient theoretical research.With the changes of the times,economic exchanges are getting closer and closer,and the proportion of commercial commissions in practice has become larger and larger.The traditional civil commission system has been difficult to meet the needs of social and economic development.Therefore,it is necessary for the academic circles to find problems in the judiciary and respond to the problems in the theory.This article insists on starting from judicial practice and discusses from three parts through case study methods,literature analysis methods,and comparative research methods.The first part consists of the first chapter.This section first uses a chart to analyze the collection of cases in China’s entrusted contract arbitrary right of dissolution system.Based on the judicial status of the system in China,we cansort out three major problems,namely,The effect of clear and agreed exclusion is different,and the scope of damages is not clear.The second part consists of chapters two,three and four.This part mainly discusses and analyzes the above three main issues one by one,and makes a comparative study of Chinese and foreign legislation and theoretical research.With a view to finding the source of the problem and the path to perfection,and providing new ideas for the correct application of the system of arbitrary termination of entrustment contracts;The third part consists of chapter five.This part puts forward two“restriction” suggestions on the improvement of the system of arbitrarily revoking the entrusted contract.Among them,the statutory restrictions mainly involve the limitation of the applicable situation,preventing the abuse of rights;and the limitation of the scope of damages.The intentional restriction is a restriction on the agreement to exclude the determination of arbitrary dissolution of validity,and to make recommendations on the formulation of identification standards and type processing.