Research On The Legal Application Of The Right Of Arbitrary Termination Of Entrustment Contract

With the rapid development of economy,the legal system in the field of civil and commercial legal relations has been further deepened and improved,and the once dominant legal relations such as gratuitous entrustment have gradually been replaced by other forms of legal relations.The abuse of the right to terminate the entrustment contract arbitrarily is very common in practice.However,due to many gaps in the law,judges can only make comprehensive judgments based on their own trial experience.The excessive discretion and the different trial methods and work experience of judges also result in different judgments in such cases.The phenomenon of different judgments in the same case not only limits the right to withdraw the lawsuit in the case,It will also make the public doubt the impartiality of China’s justice.In this case,the right can no longer adapt to the development of the times and must be restricted.Only by balancing the relationship between the right to rescind and the effective existence of the contract as much as possible can we ensure that the original intention of the system remains unchanged.The right to terminate the entrustment contract arbitrarily is the right of formation.In the entrustment contract,both parties believe that when the trust interest,the basis for the establishment of the contract,is lost,they can terminate the contract in good faith without providing proof and bearing the burden of proof.If the termination of a contract causes harm to the interests of one party,it shall compensate the other party for its losses,except in circumstances that cannot be attributed to the terminating party.The research on the right of arbitrary rescission of agency contract abroad mainly focuses on whether it can be excluded and the scope of damages after exercising the right.Different countries have different views on whether the right of arbitrary rescission can be excluded by contract.Some believe that it can be excluded by agreement,and some believe that mandatory norms cannot be excluded by personal will.In the investigation of the scope of compensation for damages,the provisions of Germany and France are typical,and the gratuitous client needs to bear certain liability for compensation only when it brings significant economic losses;In France,compensation shall be made if the act of rescission causes damage to the other party.Article 933 of China’s civil code provides for the effective exercise of the right to rescind the contract and the relevant breach clauses after the termination of the enforcement clauses.However,this clause does not solve the problems existing in the current judicial practice,such as the specific scope of application of the right to rescind the entrustment contract,the types of damages and how to better realize the compensation.After reviewing a large number of cases in China’s practice,it is found that in the court’s judgment,as long as it is a case involving the right to terminate the entrustment contract arbitrarily,the judge will be at a loss when dealing with it.The concrete manifestation is that the judge has vague reasoning on whether to apply the right of arbitrary rescission of the entrustment contract,has different opinions on the effectiveness of the clauses excluding the right of arbitrary Rescission in the contract,and is vague about the compensation liability after exercising the right of arbitrary rescission.In order to better protect the rights and interests of the parties to the contract,improve the efficiency of resource utilization,and achieve the ultimate goal,transactions are encouraged.As for the problems existing in the practice of the right of arbitrary termination of the entrustment contract,by focusing on more than 100 cases analyzed in this paper,we try to put forward three specific suggestions: first,to determine the applicable conditions of the right of arbitrary termination of the entrustment contract and the general legal right of termination,and to straighten out the applicable path between the two kinds of termination rights.2.In order to clarify the effect of the terms excluding the right of termination in the entrustment contract,the effect of the terms of the contract shall be confirmed.Third,to clarify the scope of damages after the exercise of the right to terminate the entrustment contract.