Research On The Right Of Arbitrary Termination In The Contract Law

The right of arbitrary cancellation is an important system design among the right of contract cancellation.The formal adoption of the Civil Code is to further modify and optimize the issue of the right of arbitrary cancellation in the Contract Law promulgated in1999.The most typical is the commission contract to distinguish between paid commission and unpaid commission.It specifies the scope of compensation for various types of contract damages after the contract is cancelled.The former is direct loss,the latter is direct loss and available benefits;The right to arbitrarily terminate can only be exercised before completion;new provisions on the right to arbitrarily terminate property service contracts and irregular partnership contracts have been added.The specific elaboration of different contracts based on efficiency value,trust relationship,and fair value,clarifying the rationality of the balance between the arbitrary termination and the contractually observing principle,and the relationship between the contract freedom principle and the arbitrary termination system.The legal basis of the right of arbitrary release is the free value,the efficiency value of the law,the fair value of the law and the priority protection of special interests.To clarify the conditions for the exercise of the right to arbitrarily cancel,no matter whether it is the subject or object of exercise,or the time and method of exercise,it must be clearly regulated by law to prevent abuse of rights.The right to arbitrarily terminate is not retroactive.On the issue of responsibility after the arbitrary termination of the contract,specifically clarify the liability for compensation for damage to the unpaid entrusted contract in the entrusted contract,and specifically adopt the theory of loss attribution;there is also true arbitrary in the entrusted contract Right to release.The specific compensation scope of the contract cannot be analogized to the relevant provisions of the entrustment contract.The scope of damages after the orderer exercises the right of arbitrary termination should adopt the remuneration claim mode.The specific scope of compensation is the contractual remuneration and additional costs,butthe deduction must be deducted.Savings from termination of contract.