Research On The Right To Terminate The Agency Contract At Wil

The application of the right to arbitrarily rescind the commission contract has caused many disputes in judicial practice.This paper chooses three issues: the scope of application of the commission contract,the effect of exclusion of the right of rescission in the commission contract,and the damage compensation.Where the commission contract is not for the benefit of the trustee at the same time or is not solely a commission contract,if one party arbitrarily rescinds the contract and the other party’s interests cannot be settled by way of compensation,the application of the right to arbitrarily rescind the commission contract at that time may be limited;where the commission contract for free only exists on the basis of the trust relationship of the parties for maintaining the contract,if the parties do not trust the other party,it shall be determined that "waiving the special contract" is invalid,and "waiving the special contract" shall have other interests in addition to the trust relationship and other interests in consideration of respecting the autonomy of the will of the parties and protecting the interests,the "waiving of the special contract" shall be determined to be valid;the author believes that the provisions of the Civil Code affirm the compensation for the performance of interests,and the "direct losses" and "gains that can be obtained" in the commission contract for free are added,which are not very different from the scope of compensation for breach of contract.