The Research On The Right Of Arbitrary Termination Of Entrustment Contracts

The connotation of the entrustment contracts are expanding,the scope of application of the right to arbitrarily terminate the entrustment contracts and the compensation for losses need to be clarified.The right to arbitrarily terminate an entrustment contract originates from Roman law,and theoretical systems have been formed in many countries.This paper analyzes the source of the right to arbitrarily terminate an entrustment contract.Considering that the modern entrustment contracts have changed,but its special trust relationship has not fundamentally changed.The scope of application of the right to arbitrarily terminate the entrustment contract and the rules for compensation for losses need to be clarified.The mixed contracts in which the legal relationship of entrustment is no longer an essential element is deemed to be an unnamed contract,and the right of arbitrary termination is not applicable.Paid entrustment contracts can excludes the right to arbitrarily terminate the agreement in advance.By analyzing academic theories and judicial precedents,the paper comes up with the rules for the scope of compensation.In the event of loss to the other party due to the termination of the contract,the client of free entrustment contracts shall have no compensation for the loss,the trustee of free entrustment contracts shall compensate the loss of trust interest caused by improper termination time.The rescission of the paid entrustment contract shall compensate the other party for the loss of trust interest.In conclusion,a specific rule reference for the right to arbitrarily terminate the entrustment contract for our national code is formed.